This past Tuesday, the appellate court in Franklin County, Ohio, ruled that a juvenile court that granted jurisdiction and custody of a five year old boy in Coshocton County to the Gila River Indian Community did not conduct a full evidentiary hearing considering the best interests of the child prior to making the aforementioned decision. Such a ruling indicates that the Indian Child Welfare Act of 1978 does not supersede a child’s best interest in custody or adoption cases and, therefore, a child’s best interests should be given full consideration in custody or adoption hearings conducted by Ohio courts.
Background
The Indian Child Welfare Act (ICWA) was enacted in 1978 to address the high rate of Native American children being removed from their families and tribes. The act establishes minimum federal standards for the removal of Indian children from their families and their placement in foster or adoptive homes.
The Ohio Case
In this case, the child had been living with foster parents in Coshocton County since infancy. The Gila River Indian Community sought custody based on the child’s Native American heritage. The juvenile court initially granted the tribe’s request without conducting a best interests hearing.
Appellate Court Ruling
The Tenth District Court of Appeals reversed the decision, holding that:
- Ohio courts must conduct a best interests analysis in all custody and adoption proceedings
- The ICWA does not eliminate the requirement to consider the child’s welfare
- Both federal and state law must be balanced to protect children
Implications
This ruling has significant implications for adoption and custody cases involving Native American children in Ohio. While the ICWA remains important federal law, Ohio courts are now required to ensure that children’s best interests are considered alongside tribal rights.
Contact Vidovich Law for more information about adoption, custody, and how these complex laws may affect your family.