Interest of Mahaney :: 146 Wn2d 878
Category: Tribal Issues
The Superior Court awarded continued custody of two Alaska Indian children to their non-Indian paternal grandmother, Erika Mahaney. Her son, Mark Mahaney, fathered the children by an Alaskan Indian wife, Rebecca Johnston. The parents surrendered custody of the children to Mahaney, since they both admitted they were unfit parents due to excessive alcohol and substance abuse. In addition, there was sexual molestation occurring in the home from a maternal uncle. The children lived with their grandmother since 1992, having moved to Tacoma in 1993. Subsequently, Mark Mahaney died in an auto accident in 2000, not having been able to overcome his substance abuse problems.
In March 1999 Johnston was denied custody and she appealed under the Indian Child Welfare Act of 1978 (ICWA); that no clear and convincing evidence by expert witnesses had been introduced at trial, as required by ICWA. The trial judge remarked “... that if you’re telling me that now the standard of proof is clear and convincing evidence, I will tell you, retroactively, that I will find clear and convincing evidence that custody of the children needs to stay with Mrs. Mahaney.”
The ICWA seeks to prevent the breakup of Native American Indian families, unless there is a clear and convincing case that the best interests of the child is at stake, as established by expert witnesses. Johnston appealed and won in the Court of Appeals under ICWA. Johnston claimed her life was now in order and she could provide a stable environment for her children.
The Supreme Court overturned the Court of Appeals finding that the ICWA did not prevent the trial court from deciding custody on the basis of the children’s best interests, and so remanded the case back to Juvenile Court. The Court was correct that it is not in the best interests of children to put them at risk because of a technicality, or political correctness.
Rating the Usual Suspects:
| pass | Alexander, Gerry | |
| pass | Bridge, Bobbe | |
| pass | Ireland, Faith | |
| pass | Madsen, Barbara | |
| pass | Novotny, Patricia A | |
| pass | Owens, Susan | |
| pass | Sanders, Richard | |
| pass | Smith, Charles | |
| pass | Van Doorninck, Kitty-Ann | |
| fail | Armstrong, David | |
| fail | Chambers, Tom | |
| fail | DeWald, Jennifer K | |
| fail | Gideon, Pamela J | |
| fail | Hunt, J Robin | |
| fail | Johnson, Charles | |
| fail | Quinn-Brintnall, Christine J |