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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, 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, August 20, 2013
SUMMARY: Termination of parental rights in an ICWA case was proper where the mother refused mostly all services, some of which were culturally targeted. Melaya, born in 2006, and Melysse, born in 2010, were removed from the home of the mother, Mindy, on December 12, 2010 after the mother was found...Read more
Filed on
Tuesday, May 28, 2013
SUMMARY: Termination of parental rights was improper because the tribe was not initially given proper notice of the termination proceedings as required under ICWA, only notice of the adjudication proceedings, nor was it provided with notice of the amended pleadings at least 10 days prior to trial...Read more
Filed on
Tuesday, March 5, 2013
SUMMARY: Removal of the children from the non-custodial parent in an ICWA case was improper because no qualified expert witness established that continued custody would cause serious emotional or physical damage to the children and there was no determination that active efforts had been made as to...Read more
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, July 31, 2012
SUMMARY: The guardian ad litem’s failure to object to the parents’ motion to transfer the case to tribal court, even though he had earlier objected to the tribe’s similar motion, precludes the guardian ad litem from appealing the court’s approval to transfer and that, nevertheless, the burden of...Read more
Filed on
Tuesday, March 27, 2012
SUMMARY: There was good cause to deny transfer of the case to tribal court for being at an advanced stage where the motion was made one week after the petition to terminate parental rights was filed and two years after the children were placed with their current foster family. Zylena and Adrionna...Read more
Filed on
Tuesday, September 27, 2011
SUMMARY: Denial of transfer to the tribal court was proper where the facts suggested there would be undue hardship on the parties in presenting evidence to decide the case at the tribal court in South Dakota. Melaya F. and Melysse F., ages 4 and 1, were removed from the mother, Mindy, around...Read more
Filed on
Tuesday, July 12, 2011
SUMMARY: Termination of parental rights was proper because the father continually failed to deal with his ongoing issues with alcohol abuse and the mother failed to understand and seek proper treatment for her mental health disorder, and neither made acceptable progress in improving their parenting...Read more


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