Matter of Adoption of Halloway

732 P.2d 962, 55 U.S.L.W. 2383, 48 Utah Adv. Rep. 3, 1986 Utah LEXIS 933
CourtUtah Supreme Court
DecidedDecember 5, 1986
Docket20519
StatusPublished
Cited by114 cases

This text of 732 P.2d 962 (Matter of Adoption of Halloway) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Adoption of Halloway, 732 P.2d 962, 55 U.S.L.W. 2383, 48 Utah Adv. Rep. 3, 1986 Utah LEXIS 933 (Utah 1986).

Opinions

ZIMMERMAN, Justice:

The Navajo Nation challenges the jurisdiction of the Utah courts to rule upon a petition for adoption of a Navajo child and related proceedings. We agree that the trial court lacked jurisdiction and vacate its orders granting the petition for adoption and terminating the parental rights of Cecelia Saunders. Any further proceedings relating to the adoption must be [963]*963presented to the courts of the Navajo Nation.

This action arises out of an adoption proceeding concerning Jeremiah Halloway commenced in the Fourth District Court for Utah County, Utah. Jeremiah was bom on May 14, 1977, to Cecelia Saunders, a full-blooded Navajo enrolled in the Navajo tribe and a domiciliary of the Navajo reservation in Churchrock, New Mexico. Jeremiah lived the first six months of his life with his mother on the reservation, after which he was cared for on the reservation by his maternal grandmother, Bessie Begay.

In March of 1980, a maternal aunt removed Jeremiah from the reservation with the oral consent of his mother and took him to Utah. The record indicates that at the time Jeremiah left the reservation, Cecelia thought he was to be placed temporarily with a foster family, although she had discussed the possibility of adoption with the maternal aunt prior to consenting to his removal. Cecelia learned of Jeremiah’s proposed adoption by a non-Indian couple two weeks after he left the reservation.

Two months later, in May 1980, Cecelia executed a consent to adoption before the Fourth District Court for Utah County, Utah. The adoptive parents immediately filed a petition for adoption. In a minute entry acknowledging Cecelia’s execution of the consent to adoption, the trial court ordered counsel for the adoptive parents to contact the Navajo tribe and to obtain its consent before proceeding. Notification of the pending adoption proceeding was given to the Navajo Nation approximately five months later.

In May 1982, some two years after the petition for adoption was filed, the Navajo Nation intervened in the adoption proceeding.1 Acting under the authority of the Indian Child Welfare Act of 1978 (“ICWA”), Pub.L. No. 95-608, 25 U.S.C. §§ 1901-1963 (1982), the Navajo Nation moved to dismiss the proceedings, asserting that the Utah courts lacked jurisdiction to act on the adoption petition and related proceedings because Jeremiah was an Indian child and a domiciliary of the Navajo reservation. Subsection 101(a) of the ICWA provides that “[a]n Indian tribe shall have jurisdiction exclusive as to any State over any child custody proceeding involving an Indian child who ... is domiciled within the reservation of such tribe, except where such jurisdiction is otherwise vested in the State by existing Federal law.” 25 U.S.C. § 1911(a) (1982) (emphasis added).

The trial court denied the motion on July 14, 1982, finding that Jeremiah was domiciled in Utah rather than on the Navajo reservation “based upon the fact that the child’s residence appears to have been voluntarily and purposely [sic] removed from the natural mother, grandmother and reservation to the [adoptive parents].” The trial court then stated that in view of the change in the child’s domicile and the long period of time that Jeremiah had been with his adoptive parents, “this court finds that apparent ‘good cause’ exists for this court to take jurisdiction and that the requirements of the Indian Child Welfare Act have ... been satisfied.” In so ruling, the trial court presumably was relying upon subsection 101(b) of the ICWA as its authority to assert jurisdiction. That section provides that adoption proceedings involving Indian children not domiciled upon the reservation shall be transferred to the child’s tribe upon request, unless good cause for retaining jurisdiction exists. 25 U.S.C. § 1911(b) (1982).2

[964]*964The tribe sought reconsideration of the court’s determination that it had jurisdiction over Jeremiah. Two additional hearings were held, and on October 6, 1983, the court reaffirmed its July 1982 decision. The court found that “the relocation of the child with [the adoptive couple] was done with the intent to transfer to [the adoptive couple] full parental rights ... and with the further intent to abandon all parental rights in the child.” It also' concluded that the adoptive couple stood in loco parentis to the child as of July 1982. Therefore, the court concluded that Jeremiah was domiciled in Utah, and the Utah court had jurisdiction over the matter. The court declined to pass on the merits of the adoption petition, but advised the parties that it intended to follow the provisions of the ICWA in ruling upon the petition and stated that the adoptive parents would be required to prove beyond a reasonable doubt that “continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child,” as required by subsection 102(f) of the ICWA. 25 U.S.C. § 1912(f) (1982). The trial court also acknowledged that pri- or to its decision, Cecelia had withdrawn her consent to adoption.

A hearing on the petition for termination of Cecelia’s parental rights was finally scheduled for October 22, 1984, one year after the Utah court’s second jurisdictional ruling. Ten days before the hearing date, the District Court of the Navajo Nation for Window Rock, Arizona, handed down a decision finding that Jeremiah had been domiciled within the boundaries of the Navajo reservation at all relevant times and that the Navajo tribe had exclusive jurisdiction to determine his custody under tribal statutes, common law, and the ICWA. The Navajo Nation immediately filed a motion with the Utah court requesting that it give full faith and credit to the tribal court’s order and dismiss the Utah proceedings. The tribe relied upon subsection 101(d) of the ICWA, which provides:

[E]very State ... shall give full faith and credit to the public acts, records, and judicial proceedings of any Indian tribe applicable to Indian child custody proceedings to the same extent that such entities give full faith and credit to the public acts, records, and judicial proceedings of any other entity.

25 U.S.C. § 1911(d) (1982).

At the October 22, 1984, hearing, the trial court denied the Navajo Nation’s motion on grounds that it was untimely and proceeded with the adoption matter. On January 28, 1985, the court handed down [965]*965its ruling. The court granted the adoption petition, finding as follows:

(1) That the evidence (including expert testimony) established beyond a reasonable doubt that to return Jeremiah to his Indian custodians would result in serious emotional or physical damage to him;
(2) That active efforts have been undertaken to attempt the rehabilitation of the Indian family and have failed; and

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Cite This Page — Counsel Stack

Bluebook (online)
732 P.2d 962, 55 U.S.L.W. 2383, 48 Utah Adv. Rep. 3, 1986 Utah LEXIS 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-adoption-of-halloway-utah-1986.