CALIFORNIA FAMILY LAW
...Custody and Visitation
......Indian Child Welfare Act (ICWA)
.........Existing Indian Family Doctrine
4 Cards On This Topic:

No evidence court applied the Existing Indian Family Doctrine, which is not now viable in CA.

Existing Indian family doctrine has no place in application of ICWA; only exceptions to applying ICWA's provisions are specified by Congress; judicial creation of additional exceptions not permitted.

In refusing to terminate F's parental rights, court did not apply proper standard as to mother's active efforts (ICWA) to prevent family breakup and did not consider all evidence as to whether F's continued custody would damage C.

"Existing Indian family doctrine" frustrates ICWA policies by returning to time when Indian minors removed from parents by gov. authorities with no basis for evaluating Indian culture.