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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, November 20, 2012
SUMMARY: Without an affirmative showing that the father was unfit, the court should have followed the parental preference doctrine and placed the child with him. Corbin, DOB 8/05, was removed from the mother, Ivy, after she allegedly assisted in burglarizing houses in Corbin’s presence. The court...Read more
Filed on
Tuesday, May 1, 2012
SUMMARY: Proper notice of allegations against a parent in the petition is a requirement of due process, not of jurisdiction. In the allegation of non-supervision of a child, duration is a critical piece of establishing definite risk of harm. A 3a petition as to Taeven, DOB 5/09, was filed on May 3...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
Filed on
Tuesday, June 27, 2006
SUMMARY: The juvenile court properly found a youth to be within the jurisdiction of the juvenile court and rejected the mother’s argument that any action or inaction on her part, regarding her other children, prior to this child’s birth could not be used by the State to prove that she had neglected...Read more
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