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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, April 3, 2012
SUMMARY: The change of permanency objective by the court from reunification to adoption/ guardianship was proper because although the mother/guardian had participated in services, she has demonstrated unwillingness over 2 years to make the necessary changes. Debra is the mother of Marcus C., DOB 8/...Read more
Filed on
Friday, March 23, 2012
SUMMARY: An order approving a transition plan of the child from the foster parents to the grandparent and proposed guardian is final and appealable. Legislative changes to 43-285(2) shifted the burden of proof in showing the case plan is in the child’s best interests from the parent to the State...Read more
Filed on
Tuesday, May 11, 2010
SUMMARY: The proper burden of proof for the adjudication of an Indian child is by a preponderance of the evidence, not clear and convincing. Emma, DOB approx. 1994, was placed in foster care on May 20, 2009, based on her allegations of physical abuse by her father, Geneo. On May 15, 2009, Emma...Read more
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