Professor Florey Publishes Op-ed in Daily Journal
Professor Katherine Florey published an op-ed in the Daily Journal on California's Rule of Court 5.482, which concerns the treatment of children eligible for membership in an Indian tribe.
In In re Abbigail A., the trial court held that authorities should make efforts to enroll the children in the tribe, and that they should be treated provisionally as "Indian children" under the terms of the Indian Child Welfare Act. That ruling was reversed by the Third District Court of Appeal, and the case is now set to go before the California Supreme Court. Florey's article asserts that the Third District ruling was misconceived, and that the California Supreme Court "should not go down that road" of judicial revision of the ICWA.
Katherine Florey is a Professor of Law at UC Davis School of Law whose scholarship focuses on federal courts, choice of law, and civil procedure.