In In re Abbigail A., the Supreme Court today holds invalid a state court rule that requires juvenile courts to treat a child “as . . . an Indian child” under the federal Indian Child Welfare Act if the child is simply eligible for tribal membership, even if he or she is not an Indian child under the Act.  The unanimous opinion by Justice Kathryn Werdegar concludes the rule “conflicts with the [California] Legislature’s intent to enforce ICWA by codifying its provisions.”

The court has no problem with a related rule, however, one which, among other things, requires affirmative steps be taken to secure tribal membership for a minor who is in fact an Indian child.  The court notes that “[t]ribal membership offers significant benefits to an Indian child, including the opportunity to develop a political, cultural, and social relationship with the tribe, and access to federally funded programs.”

The court reverses in part the Third District Court of Appeal, which had found both rules to be invalid.