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Filed on
Friday, December 14, 2012
SUMMARY: In a motion to transfer to tribal court, the court must consider whether the “advanced stage” of the proceedings is good cause not to transfer based on the date of filing the TPR petition, not from the beginning of the abuse/neglect proceedings. Best interests cannot be a consideration in...Read more
Filed on
Tuesday, December 11, 2012
SUMMARY: Termination of the father’s parental rights was proper where the child had been in foster care 19 months and the father had done little to comply with the case plan, including working on domestic violence issues. Mario Jr., DOB 2/10, was removed from the mother at birth and an amended...Read more
Filed on
Tuesday, November 27, 2012
SUMMARY: Termination of parental rights was proper where the parent did not rehabilitate herself in the two years the children were in foster care and could not provide permanency and stability. After termination, the children’s best interests would not be served by ongoing contact with the...Read more
Filed on
Tuesday, October 2, 2012
SUMMARY: Termination of parental rights were proper where the mother had received parenting assistance since 2003 but failed to make sufficient progress to allow the children to return to her care. The children were removed from the home of the mother, Selina, on the following dates: Nyaliet,...Read more
Filed on
Tuesday, September 25, 2012
SUMMARY: Termination of parental rights was proper where the child was in foster care a substantial amount of time, the mother had failed to adequately parent after being offered many services, and the father had ongoing immigration issues that prevented him from working or providing stability for...Read more
Filed on
Tuesday, September 18, 2012
SUMMARY: An order suspending visits was not final and appealable because it was not a permanent termination of her visitation rights and the mother could regain those rights after a showing that visits were in the children’s best interests. The children, James, Xyanna and Dominick, were the subject...Read more
Filed on
Tuesday, July 31, 2012
SUMMARY: The court did not abuse its discretion in denying the father appointment of a guardian ad litem. Termination was in the child’s best interest because the father failed to consistently attend visits, submit to UAs, attend therapy or take prescribed medications. A 3a petition was filed on...Read more
Filed on
Wednesday, July 25, 2012
SUMMARY: Termination of parental rights was proper where the father failed to engage in services to address his domestic violence history and serious alcohol abuse. A 3a petition as to James, DOB 12/05, was amended in December 2008 alleging the father, Donald, had a history of confrontation with...Read more
Filed on
Tuesday, June 26, 2012
SUMMARY: The rights advisement to a parent only needs to be given prior to the adjudication or plea, but it is good practice to advise a parent at the earliest possible time. Continued custody was proper where the mother continued to have issues with mental health, housing, domestic violence and...Read more
Filed on
Friday, June 15, 2012
SUMMARY: A judge’s prior minimal involvement as a deputy county attorney in the criminal case of an individual peripheral to the case, of which she had no recollection, was not sufficient to warrant recusal. “Out-of-home placement” under statutory grounds for termination of parental rights includes...Read more


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