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efforts

Filed on
Tuesday, June 24, 2014
SUMMARY: In adjudication cases, the proof required for active efforts under ICWA is by a preponderance of the evidence. Active efforts were provided in this case; however, removal of the children was improper because there was not evidence of serious emotional damage as required under ICWA. A court...Read more
Filed on
Tuesday, June 10, 2014
SUMMARY: Continued protective custody of the children was appropriate where the mother failed to follow a safety plan of appropriately monitoring the children in a case with sexual abuse history. An 8-month time lapse between removal and completion of the Protective Custody Hearing did not violate...Read more
Filed on
Tuesday, May 20, 2014
SUMMARY: The active efforts requirement of ICWA applies even after the children are returned home to the parent.Rehabilitation plan requirements on medical care were not relevant to the adjudication of inappropriate discipline. Shayla H., DOB 8/01, Shania H., DOB 8/03, and Tanya H., DOB 9/04, were...Read more
Filed on
Tuesday, April 22, 2014
SUMMARY: The State’s 3a petition and motion for temporary custody should have been dismissed for failure to set forth allegations under ICWA because the State knew or should have known that ICWA applied. Avery, age 13, and Izabel, age 10, are the children of Katherine. On August 14, 2013, the State...Read more
Filed on
Friday, November 1, 2013
SUMMARY: It was not plain error for the court to change the permanency goals from reunification and in finding that reasonable efforts were no longer required because the parents showed continued disregard in complying with the case plans and the children had been out of home 28 months. Jasmine L...Read more
Filed on
Tuesday, September 17, 2013
SUMMARY: Termination of the mother’s parental rights was proper because she failed to partake in services and therefore reasonable efforts did not resolve the issues causing removal. Hayden S., Krystopher S., Krysteena S., Mariannah S., and Fabienne S. were removed from the home of the mother,...Read more
Filed on
Tuesday, August 20, 2013
SUMMARY: Termination of parental rights in an ICWA case was proper where the mother refused mostly all services, some of which were culturally targeted. Melaya, born in 2006, and Melysse, born in 2010, were removed from the home of the mother, Mindy, on December 12, 2010 after the mother was found...Read more
Filed on
Tuesday, August 6, 2013
SUMMARY: An order that merely extends the time a previous placement order is applicable, denies a motion for visitation and does not change the essential parts of the permanency plan regarding family preservation or prevent the father from working on the rehabilitation plan is not a final and...Read more
Filed on
Tuesday, May 28, 2013
SUMMARY: Termination of parental rights was improper because the tribe was not initially given proper notice of the termination proceedings as required under ICWA, only notice of the adjudication proceedings, nor was it provided with notice of the amended pleadings at least 10 days prior to trial...Read more
Filed on
Tuesday, March 5, 2013
SUMMARY: Removal of the children from the non-custodial parent in an ICWA case was improper because no qualified expert witness established that continued custody would cause serious emotional or physical damage to the children and there was no determination that active efforts had been made as to...Read more

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