Government vs. tribe recognition in California
The article roots back to a major three vehicle accident south of Fresno on Dec. 17, 2015. which took the lives of Matthew and Sharnae Cuellar when according to police they were struck and killed by a drunk driver while traveling near Tulare and Willow in central California, ultimately leaving the couple's three children, ages 7, 5 and 4 orphaned and now in some sort of legal limbo which has left many people very upset.
Matthew Cuellar, the children's father was a member of the Shingle Springs Band of the Miwok nation and therefore under the the Indian Child Welfare Act, "ICWA" his family have officially petitioned for custody of the three children.
What this means is that the tribe has a right to invoke ICWA in the custody proceedings because the children's father was federally recognized tribal member of the Shingle Springs has taken efforts to legally claim the children.
Matthew’s mother, Stephanie Cuellar, initially took the girls from the Renterias after getting an emergency order from the Shingle Springs Tribal Court.
A tribal judge later found her unfit, so Efrim and Talisha Renteria, the children's great aunt & uncle got temporary custody, which are the couple pictured all dressed up immediately next to this paragraph (Talisha is wearing the red dress, with her husband Efrim who is the great uncle biologically to the children.
The Renterias, both age 33 and of Visalia, are Sharnae Cuellar’s uncle and aunt, and they insist that because the children never had any ties to the tribe until after their parents were killed that the ICWA should not be applied to the children's case and insist that the children's parents wishes would be that they raise the children as their own and wouldn't have wanted their children living or being raised by the tribe. It is unclear as of this time whether or not the couple ever legally documented or noted that
According to the Renterias, in addition to keeping questionable associates including alleged child predators, that Regina Cuellar has a legal history of domestic violence issues and also of alcohol issues within the court systems of California. They also claim that Cuellar has been arrested for harboring a double-homicide fugitive in her past as well and insist that those reasons alone should have disqualified her as being considered as a "Fit Guardian" to the children.
That ended when the tribal court appointed Regina Cuellar as the minors’ permanent guardian. Regina is Matthew Cuellar's (the children's now deceased father) Aunt, making this the battle of the Great aunt's (and uncle).
The Renterias, who had physical custody at the time obviously was Not happy by the decision to turn over the children to Regina Cueller, (pictured immediately next to this paragraph) so to ease the transition, the children then went for visitation with the paternal family that summer which the Renterias claim was the absolute Worst thing that could have happened to the children and sent them charging back to the courts hell bent to keep the children from ever having to return to what they say is an extremely dangerous situation for they could be placed in.
The judge who heard the case noted that the two eldest of the Cuellars’ children told authorities they were sexually abused by their paternal step grandfather, a guy named only as "Joseph", one of the children's paternal aunt Regina Cuellar’s relatives during a custody visit. After the Renterias made the reports to police, the Tribal Court modified the visitation order such that Joseph was not to have access to the children and ultimately upholding the Tribal Court appointment of Tribal Council Member Regina Cuellar as the children’s permanent guardian over the three young children as of June 3rd, 2016. The order went into official effect June 12, 2016.
Apparently the children were ordered by Tribal Court judge, Christine Williams, to again partake in a visitation order that failed to restrict Joseph’s access to the children after knowing about the initial allegations. The children went for visitation with the paternal family on June 4th and 5th. According to the Renterias, thanks to the failure of Tribal Court judge Christine Williams to restrict Joseph’s access to the children during this visit, it ultimately resulted in yet another instance of alleged sexual abuse against him by the children, in the presence of as well as Not in the presence of the Renterias to authorities.
Because Judge Morrison C. England Jr. of the U.S. District Court of Sacramento did not determine official permanent guardianship of the children, he only appointed the Renterias as temporary guardians, both sides took the custody case to Tulare County Superior Court. There, Judge Nathan Ide sided with the tribe, ruling that ICWA applied to the custody proceedings. The Renterias appealed, but the Fifth District Court of Appeal and California Supreme Court declined to hear the case, prompting the Renterias to take the dispute to the nation’s highest court.
The Renterias then filed an action in Federal Court in Sacramento on July 21, 2016 seeking a restraining order to invalidate the Order of Tribal Court judge Christine Williams and to keep the children from their paternal side of the family. On November 21, 2016, Tulare County Court Judge, Nathan Ide reinstated visitation with the Regina Cuellar and put in the ruling that Joseph was Not allowed anywhere around the children.
On February 3, 2017, Tulare County Court Judge, Nathan Ide ruled that ICWA applied. On March 28, 2017, An appeal was filed in the 5th District Court of Appeal to the decision of ICWA application on the case. On July 14, 2017, The 5th District Court of Appeal denied to hear the appeal without forming or giving an opinion. So, on July 24, 2017, the Renterias filed another appeal, this time in regards to the decision of application of ICWA to the case, which they filed in the California Supreme Court, but on August 30, 2017, The California Supreme Court denied the Renterias request for appeal also without any formal opinion about it on record. On November 17, 2017, the guardianship case moved to "Department 2" of the Tulare County Superior Court with Judge David Matthias for what is described as being "For long cause purposes." Not taking anymore chances, the Renterias filed their case before the U.S. Supreme court in Washington D.C. on November 27, 2017, this time appealing to the application if ICWA being applied to the children's case.
The newest problem seems to be that according to DNA tests, the girls have no Miwok blood! DNA testing shows the girls have no Miwok blood. The oldest girl is 18% Taino but no other American Indian blood; the 5-year-old is 8% Taino and 2% Cherokee; and the youngest is 8% Taino. The Taino are a subgroup of the Arawakan Indians, who lived in northeastern South America when Christopher Columbus arrived on the South American continent of Turtle Island back in 1492. Please note that differences in sibling DNA blood quantum's is Not uncommon and does NOT mean that they are not full blooded siblings to one another, and too, that nothing has Yet to be said or nor indicated that the children are not full blooded siblings to one another.
This conclusion apparently comes from the position of the U.S. District Court in Fresno which say members of the Shingle Springs Band of Miwok Indians "Might be imposters because their blood is Hawaiian, not Miwok." Fresno attorney Charles Manock, who represents the Renterias, said if the Shingle Springs tribal members are not Miwok, the tribe should not be able to invoke ICWA.
(Photograph of the Shingle Springs Tribal Council in 2016, which includes Regina Cuellar (hair braided above)
According to the tribe, the claim that the Shingle Springs tribe is not Miwok is totally untrue. “It is a federally recognized tribe,” Joseph J. Wiseman, attorney representing the tribe told local media. The Fresno Bee covered the story as local media and here is their link for your convenience:
http://www.fresnobee.com/news/local/article188761574.html and also too, coverage is also available for your review at: https://www.tribalpredator.com/press/ which was established on behalf of the position of the Renterias. They have also established a "GoFundMe" account to aid in the cost of their uphill legal battle.
As always, we Thank you for you continued interest, contributions and your support in that which we believe is and or should be of interest to you and we Hope you stay tuned for future updates on this and all other news and information we are able to provide you for your review. Blessings to all, and smoke and prayers to the children for their protection, safety and Creator's protection to encompass them.
