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Filed on
Friday, July 18, 2014
SUMMARY: There was no plain error in the juvenile court finding there was not clear and convincing evidence to terminate the mother’s parental rights because there was insufficient evidence of best interests especially given that one child is living with her father and another is in a relative...Read more
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, 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, May 21, 2013
SUMMARY: Termination of parental rights was improper where the mother made continuous improvements after she ended an abusive relationship with her boyfriend. Chloe, DOB 6/03, and Carly, DOB 9/07, were removed from the mother, Staci, on January 22, 2010, after Chloe was found to have bruises on her...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
Filed on
Friday, January 28, 2005
SUMMARY: Because the testimony of the sole witness for the State was primarily based on hearsay and the testimony from the mother’s therapist that the mother was improving her parenting skills and that the child would be harmed by termination was not contradicted, the State did not prove that...Read more
Filed on
Friday, September 26, 2003
SUMMARY: To establish that reasonable efforts to reunify are not required, the State must provide clear and convincing evidence. The nature and severity of the abuse, the delay in seeking treatment and the ongoing denial by the parents in this case establish that reasonable efforts are not required...Read more
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