In Re Charloe

The issue in this case is whether an Indian foster parent has "legal custody" of an Indian foster child so as to come within the definition of "Indian custodian" under the federal Indian Child Welfare Act (hereinafter ICWA), 25 USC § 1901 et seq. Persons qualifying as "Indian custodians" under the ICWA are entitled to notice and certain other rights in proceedings to terminate placement. 25 USC § 1912. The Multnomah County Circuit Court Juvenile Department denied petitioner Englands motion for reconsideration of its order revoking her status as foster parent of her niece, Sonja Charloe. The Court of Appeals affirmed, 52 Or App 843, 629 P2d 1319 (1981), finding that petitioner was not an "Indian custodian" as defined by 25 USC § 1903(6):