DOE v. MANN

No. 04-15477.

415 F.3d 1038 (2005)

Mary DOE, Plaintiff-Appellant, v. Arthur MANN, in his official capacity; Robert L. Crone, Jr., in his official capacity; Lake County Superior Court; Department of Social Services, Lake County; D., Mrs.; D., Mr., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2005.


Attorney(s) appearing for the Case

Marc A. Le Forestier, Deputy Attorney General, State of California, Sacramento, CA; Cameron L. Reeves, County Counsel, Robert L. Weiss, Deputy County Counsel, Lake County, Lakeport, CA, Alicia C. Park, Soter & Park, Attorneys at Law, San Francisco, CA, for the defendants-appellees.

Caroline J. Todd, Berkeley, CA, for intervenor-appellee Jane Doe.

Bertram E. Hirsch, Great Neck, NY, for amici Association on American Indian Affairs, National Indian Child Welfare Association, and Tanana Chiefs Conference.

Thomas Weathers, Alexander, Berkey, Williams & Weathers, Berkley, CA, for amicus Morongo Band of Mission Indians.

Brad S. Jolly, Smith & Jolly, Thornton, CO, for amicus Elem Indian Colony.

John W. Corbett, Klamath, CA, for amicus Yurok Tribe.

Before TROTT, McKEOWN, Circuit Judges, and SHADUR, Senior District Judge.


McKEOWN, Circuit Judge.

Mary Doe1 challenges the State of California's jurisdiction to terminate her parental rights over her Indian child, Jane Doe, who was domiciled on the Elem Indian Colony reservation at the time she was removed from Mary Doe's custody by the Lake County Department of Social Services. The case arises under the Indian Child Welfare Act ("ICWA"), which was passed in 1978 to ensure the tribes a role in adjudicating child...

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