Lawyers, Answer Questions  & Get Points Log In
California Native American Law Questions & Answers
1 Answer | Asked in Native American Law and Education Law for California on
Q: Does California have a rule that only people 18 or older can pick up kids?

My daughter is 17 and has a driver's license, and her home is only a 5-minute walk from her brother's school...can a 17-year-old pick up a child from school?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

In California, there is no statewide legal rule specifying that only individuals 18 or older can pick up children from school. The ability of a 17-year-old to pick up a sibling from school largely depends on the policies of the individual school or school district.

Many schools have...
View More

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

If you were in the process of obtaining your Native American paperwork and your child was adopted out without your knowledge, you may want to express to Child Protective Services (CPS) that you were actively working on the necessary documentation for recognition of your Native American heritage.... View More

View More Answers

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

In cases involving Native American children, the Indian Child Welfare Act (ICWA) provides specific legal standards that must be followed. If your child was adopted out while you were in the process of obtaining your Native American documentation, it’s important to understand how ICWA may apply to... View More

View More Answers

Q: How to retain ownership of my birthright

Owning my name given at birth

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023

In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More

1 Answer | Asked in Native American Law for California on
Q: My wife works for a tribe and experiences tribal politics, might be fired because a tribe member does not like her?

We live around the tribal community and a few tribal members live by us and dont like my wife. They seem to group up together and petition the Townhall for her to be removed from her position at the local store, some comments are she isnt native, she is not married nor has any tribal friends and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023

If your wife believes she is being treated unfairly, it would be essential to review the specific tribe's employment policies, any employment agreement she may have, and consult with an attorney well-versed in that particular tribe's law. Engaging in open communication with the... View More

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: I had a question about being adopted outside a Indian tribe or family

I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2023

I'm sorry to hear about your situation. Under the Indian Child Welfare Act (ICWA), there are specific guidelines for the placement of Native American children in foster or adoptive homes, prioritizing their placement within Native American communities. If these guidelines were not followed,... View More

View More Answers

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: I had a question about being adopted outside a Indian tribe or family

I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023

The Indian Child Welfare Act (ICWA) provides protections for Native American children in adoption and foster care situations. If your case violated ICWA, you may have a basis for legal action against the city or agency involved. Thoroughly document the circumstances and consult with experts... View More

View More Answers

4 Answers | Asked in Native American Law and Personal Injury for California on
Q: My mother fell while at a Indian gaming casino and ɓroke her femur. She is 76 years old. Do we have a case for injury?

She was getting out of her seat in front of a slot machine and caught her foot on the chair next to her. The chairs are very heavy hard to move and only have about 6 to 8 inches apart.

William John Light
William John Light
answered on Aug 25, 2023

She has to show some fault on the part of the casino. Having the chairs too close to each other to prevent egress might be a claim, but further research is required. Gaming casinos typically have a six month claims filing deadline, so do not delay in seeking an attorney with experience in that... View More

View More Answers

4 Answers | Asked in Native American Law and Personal Injury for California on
Q: My mother fell while at a Indian gaming casino and ɓroke her femur. She is 76 years old. Do we have a case for injury?

She was getting out of her seat in front of a slot machine and caught her foot on the chair next to her. The chairs are very heavy hard to move and only have about 6 to 8 inches apart.

Joel Gary Selik
Joel Gary Selik
answered on Aug 25, 2023

Such a case is possible. How it occurred would have to be analyzed to see if the casino was negligent.

Additionally, bringing claims against casinos is a specialized area and you should consult with attorneys who are familiar with that.

View More Answers

1 Answer | Asked in Personal Injury, Civil Rights and Native American Law for California on
Q: So can a security guard physically assault you and handcuff and detain u if u made kind of threats once so ever?

So on the the 5th of this month i was physically assaulted and then handcuffed and then detained by winriver casino security and i didnt say any threatening words or come at them in any threating way at all .they physically and mentally messed me up and i want justice for there actions and i dont... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2023

Security guards are authorized to use reasonable force to prevent harm or protect others, but they must act within the boundaries of the law. If you believe you were physically assaulted without justification by casino security, you may have grounds to seek legal recourse for excessive use of... View More

2 Answers | Asked in Native American Law for California on
Q: How do I get my lineage proved

I'm a direct descendant of G.A. from the San Diego San Pasquale band of Mission Indians in 2010 we tried to get my mother's lineage proved verified especially now since all lives matter I would like my lineage proved so I have that for my niece and nephew I need to know how not to be... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

This is more of a genealogy question than a legal question. From a legal perspective, the federal government maintained Indian Census Rolls from 1885-1940. These rolls are available form multiple sources. You can obtain copies of your mother's birth certificate and then her parents'... View More

View More Answers

2 Answers | Asked in Native American Law for California on
Q: How do I get my lineage proved

I'm a direct descendant of G.A. from the San Diego San Pasquale band of Mission Indians in 2010 we tried to get my mother's lineage proved verified especially now since all lives matter I would like my lineage proved so I have that for my niece and nephew I need to know how not to be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2023

To prove your lineage:

Gather relevant documents like birth certificates, marriage certificates, and census records.

Research the San Diego San Pasqual Band of Mission Indians' specific requirements for lineage verification.

Consult with their genealogist or enrollment...
View More

View More Answers

1 Answer | Asked in Child Custody, Family Law and Native American Law for California on
Q: i signed a notarized letter for my mom to care for my son and now she filed for guardianship how do i get my child back
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023

Review the Notarized Letter: Carefully review the notarized letter you signed granting temporary care of your child to your mother. Pay attention to the specific terms, duration, and conditions outlined in the letter. Understanding the scope and limitations of the arrangement will help inform your... View More

1 Answer | Asked in Civil Rights, Health Care Law, Native American Law and Social Security for California on
Q: As a homeless sole mother in no argument not permanent solution with a complex.A sole mother as unapplicable ??

Need consultation to Have the Full right protect my living adults as a primary decision to allow 3adults to fulfill the future Ned's of one living sole mother with no resurface oof a breach as fault.Closed,past. Current affairs of a loss is now a issues per All government to County support.2024

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023

In your situation, it is crucial to reach out to local resources and organizations that specialize in assisting homeless individuals, especially single parents. These organizations can provide guidance, support, and access to resources that may help you secure stable housing and address any complex... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Juvenile Law and Native American Law for California on
Q: Need help find legal help son was beat by police hancuffed with batons an they put false stuff on report

Native American an they harass him on a Dailey because of background

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2023

I'm sorry to hear that your son has been mistreated by the police. If your son was physically harmed by the police and they falsified reports, he may have grounds to pursue legal action against the police department or the individual officers involved.

One option is to contact a civil...
View More

2 Answers | Asked in Personal Injury and Native American Law for California on
Q: I need a personal injury lawyer that is familiar with Indian casino law as I recently had a very scary and painful fall.

I suffered food poisoning after eating a tainted dish from the cafe. Needless to say I was extremely sick as my body tried to eliminate the e.coli anyway possible as I sat in my hotel room bathroom. Upon standing up from toilet, I blacked out and slammed face first into the tile floor/door jamb... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2023

I'm sorry to hear about your injury. In California, if you were injured on the property of an Indian casino, you may have a legal claim for personal injury. Indian casinos are owned and operated by sovereign nations, and they have their own laws and regulations that may differ from California... View More

View More Answers

1 Answer | Asked in Native American Law for California on
Q: Indian Law

I was entruster some land from my dad and the BIA can't give me any answers and tribal questions

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Unfortunately, I do not have enough details to provide specific guidance related to your situation with the land inheritance and issues contacting the BIA. However, here is some general information that may help provide guidance:

- Land ownership and inheritance rules can be complex on...
View More

1 Answer | Asked in Native American Law, Personal Injury and Civil Rights for California on
Q: So i dont no any attorney who will take my case because it happen at winriver casino ,cause its on tribal grounds??

Ive went down to the list of personal injury attorneys online and no one will take on my case of it being on tribal grounds or something like that ireally didnt understand what they ment all i know is win river security assault and battered me for no reason im a good customer to them a local that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2023

I understand your concerns regarding the incident at Win-River Casino on tribal grounds. It's essential to find an attorney familiar with tribal law and personal injury cases. I recommend seeking legal assistance from an attorney experienced in both California personal injury law and tribal... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Native American Law for California on
Q: Are there any federal lawyers who are familiar with PL280, sovereign as well as interstate DV laws

I need a lawyer who understands Sovereign Indian law, Major crimes act, mcgirt etc... And willing to listen to a case of DV, deprivation of rights, equal rights to protection, interstate DV , etc

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2023

Yes, sovereign domestic violence laws grant tribal nations the authority to prosecute non-Native individuals who commit domestic violence against Native American partners or family members. Interstate domestic violence laws deal with cases where incidents occur across state lines. Laws and... View More

1 Answer | Asked in Civil Rights, Health Care Law, Native American Law and Social Security for California on
Q: As a homeless sole mother in no argument not permanent solution with a complex.A sole mother as unapplicable ??

Need consultation to Have the Full right protect my living adults as a primary decision to allow 3adults to fulfill the future Ned's of one living sole mother with no resurface oof a breach as fault.Closed,past. Current affairs of a loss is now a issues per All government to County support.2024

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

I'm sorry, but I'm having difficulty understanding your request and the specific details you are providing. If you are a homeless single mother seeking consultation and support to protect your living situation and ensure the well-being of yourself and your dependents, I recommend reaching... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.