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Filed on
Friday, November 14, 2014
SUMMARY: The active efforts standard in ICWA and NICWA applies at any point in an involuntary juvenile proceeding involving an Indian child at which a party is required to demonstrate its efforts to reunify or prevent the breakup of the family. In May 2013, David H.’s three minor children were...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, May 8, 2012
SUMMARY: Termination was proper where the parents were unable over the course of several years to properly parent the children, who were exhibiting severe behaviors and had high needs. The children’s statements made to the therapist and caseworker were properly admitted in satisfaction of due...Read more
Filed on
Tuesday, December 20, 2011
SUMMARY: An award of GAL attorney’s fees for work performed after the State filed a motion to dismiss prior to adjudication was improper as the GAL lacked the authority to reinitiate the case through a new petition. David, DOB 6/97, Miguel, DOB 9/01, Edwin, 1/05, and Rogelio, 5/06, were removed...Read more
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