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hearing

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, January 21, 2014
SUMMARY: Evidence stemming from a voluntary agreement between the parent and DHHS cannot be used against the parent in support of terminating parental rights. Kerri is the mother of Joseph, DOB 1/00, William, DOB 11/05, and Steven, DOB 12/06. Kerri was involved with DHHS and the juvenile court from...Read more
Filed on
Friday, December 27, 2013
SUMMARY: A juvenile court cannot allow an attorney to withdraw without a showing that the attorney made diligent efforts to notify the parent of his intent to withdraw. Due process was violated because the court excused the mother’s attorney from representing her at the TPR trial without notifying...Read more
Filed on
Friday, December 13, 2013
SUMMARY: An order setting conditions for supervised visitation was not a final, appealable order because it would have only affected the proceedings for one month until the hearing on the TPR motion. Dennisca is the mother of six children who were removed from her care in March 2011 due to domestic...Read more
Filed on
Friday, December 14, 2012
SUMMARY: The court’s order for DHHS to pay opposing counsel’s attorneys fees was improper because failure to send reports prior to the hearing is not direct contempt and thus requires reasonable notice and opportunity to be heard. A petition was filed as to the children on October 22, 2010, and a...Read more
Filed on
Tuesday, June 26, 2012
SUMMARY: The rights advisement to a parent only needs to be given prior to the adjudication or plea, but it is good practice to advise a parent at the earliest possible time. Continued custody was proper where the mother continued to have issues with mental health, housing, domestic violence and...Read more
Filed on
Tuesday, June 5, 2012
SUMMARY: Continued custody of an unattended child was not improper where the mother missed several meetings with the caseworker, causing a delay in collecting information. Six-year-old Imelda was removed on October 24, 2011, after she was left locked out of her home after returning from school and...Read more
Filed on
Monday, May 7, 2012
SUMMARY: Physical evidence and a child’s disclosure of sexual abuse are sufficient evidence of sexual abuse, even where some testimony was incorrectly admitted as hearsay. A 3a petition as to Ashlyn, DOB 3/05, alleged Ashlyn’s stepfather, Kenneth, sexually abused Ashlyn. Milly, Ashlyn’s mother,...Read more
Filed on
Tuesday, April 17, 2012
SUMMARY: A court order ceasing the search for relative placements in an ICWA case was in error because there was insufficient evidence in the record that good cause existed to avoid placement preferences. The children, Enrique P., DOB 6/93, Carina P., DOB 12/95, Christian P., DOB 11/99, and...Read more
Filed on
Tuesday, December 20, 2011
SUMMARY: An impromptu ruling granting custody of the children to the mother based in part because father would be incarcerated until at least 2013 did not satisfy statutory requirements for notice and opportunity to be heard. Marcos Jr., DOB 12/06, was removed from the home of unmarried parents...Read more

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