Navajo Nation v. Superior Court of State of Wash.
| Decision Date | 31 March 1999 |
| Docket Number | No. CY-98-3001-EFS.,CY-98-3001-EFS. |
| Citation | 47 F.Supp.2d 1233 |
| Parties | NAVAJO NATION, Plaintiff, v. SUPERIOR COURT OF THE STATE OF WASHINGTON FOR YAKIMA COUNTY; Court Commissioner Susan Hahn, Court Commissioner, Yakima County; James W. Norris; Gayle Norris; J. Eric Gustafson, Defendants. |
| Court | U.S. District Court — District of Washington |
Theresa Pruett, Todd Rosencrans, Seattle, WA, for Gayle Norris, James W. Norris.
Bryan Evenson, Yakima, WA, for Steve Gustafson.
John Staffon, for Superior Court of the State of Washington for Yakima County, Susan Hahn.
ORDER GRANTING DEFENDANTS NORRIS' PARTIAL JUDGMENT OF THE PLEADINGS; DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT; AND GRANTING CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION'S MOTION TO INTERVENE
Before the Court are several motions in which a motions hearing with oral argument was held on September 10, 1998. In a previous scheduling order (Ct.Rec.41), the Court set out a briefing scheduling for partial judgment on the pleadings/partial summary judgment. At the hearing, the following motions were heard: Defendants Norris' Motion for Partial Judgment on the Pleadings (Ct.Rec.37), Defendant Gustafson's Motion for Partial Judgment on the Pleadings (Ct.Rec.42), Plaintiff's Motion for Partial Summary Judgment (Ct. Rec.49), and Plaintiff's Motion to Amend Complaint (Ct.Rec. 61). Craig Dorsay appeared on behalf of the Plaintiff Navajo Nation. The Defendants Norris appeared personally and through their counsel Theresa Pruett and Todd Rosencrans; Defendant Steve Gustafson appeared personally and through his attorney Bryan Evenson; and John Staffon appeared on behalf of the Defendants Superior Court of the State of Washington for Yakima County and Court Commissioner Susan Hahn. Theodora Becenti, natural mother of K.H., and Ted and Alta Strong, natural maternal grandparents of K.H. were also present for the hearing.
On October 6, 1998, the Court heard oral argument on the Confederated Tribes and Bands of the Yakama Indian Nation's Motion to Intervene (Ct.Rec.74). Elizabeth Nason represented the Yakama Nation. The Court enters this Order to supplement the oral rulings of the Court.
On January 5, 1998, Plaintiff Navajo Nation filed suit to invalidate a grant of adoption by the Superior Court for Yakima County in violation of the Indian Child Welfare Act ("ICWA"), 25 U S.C. §§ 1901-1915, and Washington state adoption laws. The Navajo Nation asserts six causes of action: (1) Violation of ICWA, 25 U.S.C. § 1911, Exclusive Jurisdiction; (2) Violation of ICWA and U.S. Constitution, Right to Notice; (3) Violation of ICWA, Indian Custodian Status; (4) Violation of ICWA, Invalid Parental Consent; (5) Violation of ICWA, Violation of Placement Preferences; and (6) Violation of Washington Adoption Statutes. The Navajo Nation sued the adoptive parents, James and Gayle Norris, their attorney at the time, Steve Gustafson, the Superior Court of Yakima County, and the Court Commissioner who entered the decree of adoption, Court Commissioner Susan Hahn.
Theodora and David Becenti, while living on the Yakama Indian Reservation1 with Theodora Becenti's parents,2 conceived a child in March, 1990. Theodora concealed her pregnancy from her husband and her parents. She revealed her pregnancy to her husband in November, her eighth month of pregnancy. At that time, the Becentis moved off the Yakama reservation to Yakima, Washington, in part to conceal the pregnancy and in part to attend community college.
While in Yakima, the Becentis contacted Eric Gustafson to arrange for an adoption of their unborn child. The baby, K.H., was born December 7, 1990, at a hospital in Yakima. K.H. is a full-blood Indian — 7/32 Yakima Indian, 1/32 Nez Perce, and 3/4 Navajo. A short time after leaving the hospital, the Becentis transferred physical custody of K.H. to the prospective adoptive parents, James and Gayle Norris.
On December 17, 1990, after receiving advice by attorney George Velikanje, the Becentis executed relinquishment documents for K.H. A few days later, the Becentis appeared before Court Commissioner Susan Hahn in the Superior Court for Yakima County where Commissioner Hahn executed a "Certificate of Presiding Judge" for both parents, certifying that both parents appeared before her to acknowledge they had signed the relinquishment documents. The relinquishment documents stated the Indian Child Welfare Act did not apply and that the Becentis desired to keep their Indian heritage anonymous.
Based on the relinquishment documents and other relevant factors, the adoptive parents, their attorney, and the Becenti's attorney, concluded the ICWA did not apply to the adoption of K.H. and the relevant Indian tribes did not need to be notified. Court Commissioner Hahn executed Findings of Fact, Conclusions of Law, Order Authorizing and Approving Relinquishment, Consent and Waiver, and Order Terminating Parent/Child Relationship. In this Order, Hahn found the Becentis moved off reservation two months before K.H.'s birth, the Becentis had Indian heritage but objected to transfer the matter to the Indian Tribal Courts under ICWA, the tribal courts did not have exclusive jurisdiction, and no notice to the tribes was required. No notice was ever given to the Yakama Indian Nation, Navajo Nation, or to the Strongs regarding the termination of the Becentis' parental rights or of the adoption proceedings.
On April 1, 1991, four months after K.H.'s birth, the Becentis moved back to the Yakama Indian Reservation. In July, 1997, Theodora Becenti revealed to her parents the birth and adoption of K.H. The Navajo Nation learned of the adoption in August, 1997. Yakama Indian Nation learned of the adoption in September, 1997.
After learning of the birth and subsequent adoption, the Nation instituted this action to invalidate the adoption. The Navajo Nation seeks declaratory and injunctive relief. Specifically, the Navajo Nation asks the Court to find: K.H. is an Indian child as defined by the ICWA; the ICWA applied to the termination of parental rights and adoption of K.H.; K.H. was domiciled on the Yakama Indian Nation, consequently, the Yakama Indian Nation had exclusive jurisdiction to decide the custody of K.H.; the adoption decree is void and/or invalid and that the voluntary relinquishment, termination, and consents of the Becentis are invalid; the Strongs are Indian custodians as defined by the ICWA and were entitled to notice as such; the placement preferences of the ICWA were violated; the Navajo Nation and the Strongs were entitled to notice, the right to intervene, and participate; and, Washington state adoption statutes were violated making the adoption of K.H. invalid.
Defendants Norris moved for partial judgment on the pleadings and the Plaintiff moved for partial summary judgment. They request the court to dismiss causes of action two through six as a matter of law. Plaintiff Navajo Nation moved the Court for partial summary judgment on issues regarding jurisdiction and 28 U.S.C. § 1360, known as Public Law 280. On September 4, 1998, the Yakama Indian Nation sought to intervene in the matter.
Pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, the Norrises filed a Motion for Partial Judgment on the Pleadings (Ct.Rec.37) to dismiss causes of action two through six. Defendants move for judgment as a matter of law because no notice to the tribe nor to the Strongs were required under ICWA, Plaintiff lacks standing to assert the claims of the Strongs and the Becentis, the statute of limitations creates a bar, and no cause of action exists for violation of placement preferences under section 1915 of the ICWA. Plaintiff opposes the motion.
A judgment on the pleadings is properly granted when, taking all the allegations in the pleadings as true, the moving party is entitled to judgment as a matter of law. See FED.R.CIV.P. 12(c); McGann v. Ernst & Young, 102 F.3d 390, 392 (9th Cir.1996), cert. denied, 520 U.S. 1181, 117 S.Ct. 1460, 137 L.Ed.2d 564 (1997). For purposes of a motion for judgment on the pleadings, all allegations of fact of the opposing party are accepted as true. See Austad v. United States, 386 F.2d 147, 149 (9th Cir.1967). Generally, district courts are unwilling to grant a motion to dismiss on the pleadings "unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law." Doleman v. Meiji Mutual Life Ins. Co., 727 F.2d 1480, 1482 (9th Cir.1984). As such, the court must determine whether, if the facts were as pleaded, they would entitle Navajo Nation to a remedy. See Merchants Home Delivery Serv., Inc. v. Hall & Co., 50 F.3d 1486, 1488 (9th Cir.1995).
Plaintiff's second cause of action claims that the Navajo Nation's right to notice of a pending child custody proceeding involving an Indian child pursuant to 25 U.S.C. § 1912(a) was violated. Plaintiff claims the failure of the defendants to give notice violated the ICWA and Fifth Amendment of the U.S. Constitution. Defendants move for dismissal of this cause of action as a matter of law because the ICWA does not provide tribes with a right to notice of private, voluntary adoption proceedings. The Defendants rely on a plain meaning or reading of the statute to show that express mention of notice in one section of the statute excludes further implication of notice in another section of the statute. The Navajo Nation relies on legislative history to show notice is required for any termination of parental rights.
The rules of statutory construction are clear: When a court is...
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