R.P. v. Los Angeles County Department of Children and Family Services
Petition for certiorari denied on January 9, 2017
Issues: (1) Whether the Indian Child Welfare Act of 1978 applies where the child has not been removed from an Indian family or community; (2) whether ICWA's adoptive placement preferences, 25 U.S.C. § 1915(a), require removal from a foster placement made under Section 1915(b), for the purpose of triggering the adoptive placement preferences contained in Section 1915(a); and (3) whether the state courts erred in holding that “good cause” to depart from ICWA's placement preferences must be proved by “clear and convincing evidence”—contrary to the text and structure of the statute and the decision of at least one other state court of last resort—or otherwise erred in their interpretation of “good cause.”
| Date | Proceedings and Orders (key to color coding) |
|---|
| Oct 7 2016 | Petition for a writ of certiorari filed. (Response due November 14, 2016) |
| Nov 7 2016 | Brief amici curiae of Goldwater Institute and Cato Institute filed. |
| Nov 8 2016 | Order extending time to file response to petition to and including December 14, 2016, for all respondents. |
| Nov 8 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Choctaw Nation of Oklahoma. |
| Nov 14 2016 | Brief amicus curiae of American Academy of Adoption Attorneys filed. |
| Dec 9 2016 | Brief of respondent The Minor, Alexandria P. in opposition filed. |
| Dec 9 2016 | Motion for leave to proceed in forma pauperis filed by respondent The Minor, Alexandria P. |
| Dec 13 2016 | Brief of respondent Father J.E. in opposition filed. (Distributed) |
| Dec 13 2016 | Motion for leave to proceed in forma pauperis filed by respondent Father J.E. (Distributed) |
| Dec 14 2016 | Brief of respondent Choctaw Nation of Oklahoma in opposition filed. |
| Dec 14 2016 | Brief of respondent Los Angeles County Department of Children and Family Services in opposition filed. |
| Dec 19 2016 | Letter of December 19, 2016, from counsel for petitioner received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5. |
| Dec 20 2016 | Reply of petitioners R. P., et ux. filed. |
| Dec 21 2016 | DISTRIBUTED for Conference of January 6, 2017. |
| Jan 9 2017 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| Jan 9 2017 | Petition DENIED. |
