In re Gabriel Y.
The three children in this dependency proceeding are Indian children within the meaning of the Indian Child Welfare Act (ICWA). The Navajo Nation intervened in this matter below, and on appeal challenges the juvenile court's order, made at the disposition stage of the proceeding, placing Olivia S. with the non Indian, non relative, paternal grandparents of her half sibling (the R.'s) instead of with her own Indian maternal grandfather and Hispanic maternal grandmother (the Y.'s). Court agree the juvenile court erroneously found good cause to reject the preferred placement under the ICWA of an extended family member and to place Olivia in the home of a non relative. Accordingly, court reverse the order and remand the matter to the juvenile court for further proceedings consistent with this opinion.
The Navajo Nation also challenges the juvenile court's order granting the R.'s de facto parent status with respect to Olivia and Gabriel Y. (the other child to whom the R.'s are not related by blood). For reasons discussed below, court reverse the order as to Gabriel, but affirm as to Olivia.
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