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serious

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: Termination of parental rights was proper where the mother lost custody of four prior children and did not correct the conditions that led to the earlier issues or utilize the services offered to her. Jewel, DOB 12/12, is the child of Ronnie Jo. Ronnie Jo lost custody of four other...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 12, 2011
SUMMARY: Termination of parental rights was proper because the father continually failed to deal with his ongoing issues with alcohol abuse and the mother failed to understand and seek proper treatment for her mental health disorder, and neither made acceptable progress in improving their parenting...Read more
Filed on
Tuesday, May 18, 2010
SUMMARY: Serious emotional or physical damage under ICWA was likely to result if the child was returned home given the degree of domestic violence committed by the father against the mother and failure to address the issues. Termination of the parental rights of both parents was proper based on the...Read more
Filed on
Tuesday, February 23, 2010
SUMMARY: Even though the children did not visually witness the domestic violence between the mother and her partner, there was sufficient evidence showing that they were adversely affected by exposure to it warranting adjudication under 43-247(3)(a). Mariah R., DOB 10/91, Ashley L., DOB 4/94,...Read more
Filed on
Tuesday, January 5, 2010
SUMMARY: A father striking his 13-year-old child multiple times with an extension cord, although this being the only time he had hit the child, was sufficient to find the child within the meaning of 43-247(3)(a). Manuel, DOB 8/95, is the child of Jesus. On April 14, 2009, Manuel and Jesus got into...Read more
Filed on
Tuesday, September 1, 2009
SUMMARY: In an ICWA case, active efforts should include direct guidance rather than passive referrals. The active efforts need only be culturally relevant if the conditions that led to out-of-home placement have some cultural basis. Evidence that termination is in the children’s best interests does...Read more
 
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