In re Cal E.

Illinois Appellate Court
Civil Court
Indian Child Welfare Act
Citation
Case Number: 
2023 IL App (4th) 220930
Decision Date: 
Friday, June 16, 2023
District: 
4th Dist.
Division/County: 
Carroll Co.
Holding: 
Reversed and remanded.
Justice: 
STEIGMANN

In a case involving minors whose biological mother was a member of a native tribe located in Alaska, the trial court granted a motion to transfer filed by the tribe under the Indian Child Welfare Act. The biological parents objected to the transfer, but died before the hearing on the motion. The foster parents filed a motion to intervene and to stay the order. The trial court denied the foster parents’ motion but stayed the transfer pending appeal. The appellate court reversed and remanded, concluding that the trial court erred when it found that the foster parents lacked standing to intervene and when it found that their death rendered the parents’ written objection to the transfer of jurisdiction a nullity. (HARRIS and DOHERTY, concurring)