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indian

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
Friday, June 13, 2014
SUMMARY: Termination of parental rights was proper where the mother did not make notable progress in her case plan and continued to use methamphetamine daily. It was not a conflict of interest for the relative adoptive parent to work in the child support section of the county attorney office...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
Tuesday, December 31, 2013
SUMMARY: Termination of parental rights was proper in an ICWA case where the children were out of home 39 months and had special needs that required a stable home, and the parents consistently failed to follow through on services despite being given much assistance. Shane, born in 2003, Lena, born...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, 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
Filed on
Tuesday, July 31, 2012
SUMMARY: The guardian ad litem’s failure to object to the parents’ motion to transfer the case to tribal court, even though he had earlier objected to the tribe’s similar motion, precludes the guardian ad litem from appealing the court’s approval to transfer and that, nevertheless, the burden of...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

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