Tag Archives: burden of proof

ICWA Case Out of Alaska Supreme Court

Here. Parents appeal from a superior court’s order that the Office of Children’s Services (OCS) had satisfied the Indian Child Welfare Act’s (ICWA) requirements authorizing the removal of their daughter, an Indian child, from their custody. Because the court relied … Continue reading

Posted in Author: Kate E. Fort, ICWA | Tagged , , ,

Alaska ICWA Case on QEW and Guardianship

Here. Ultimately the question turned on whether a long term guardianship is a foster care placement or a termination of parental rights (which have differing standards of proof). The court found it was a foster care placement, and required the … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

Published Notice Case out of the Colorado Court of Appeals

In re LL The Court uses the federal regulations and guidelines to determine each participant’s role in inquiry and notice, and remands for proper notice. Unfortunately, the Court then goes on to hold that the higher standard of proof for … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

Burden of Proof ICWA Case out of South Dakota

Here. In this case, Mother challenged the QEW and the burden of proof requirement for termination of parental rights. The concurrence is particularly useful: The circuit court in this case found many of the facts beyond a reasonable doubt where … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

Published Burden of Proof ICWA/MIFPA Case out of Michigan Court of Appeals

Here. As set forth above, the relevant provisions of the ICWA and the MIFPA are essentially identical; that is, each requires proof by “clear and convincing evidence” to remove an Indian child and place him or her into foster care, … Continue reading

Posted in Author: Kate E. Fort | Tagged , , , , ,

ICWA Case out of Texas Court of Appeals Declines to Extend Baby Girl

Here is the opinion. The Court reversed a termination of parental rights because there was no qualified expert witness testimony. The State argued that because of Adoptive Couple v. Baby Girl, the section of ICWA governing burden of proof and … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , | 1 Comment

ICWA Burden of Proof Case Out of Texas

Here. The case cites to the In re K.S. case here. The court found a way to splice the burden of proof issue, finding that the beyond a reasonable doubt standard only applies to the finding that continued custody of the … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

Unpublished ICWA Burden of Proof Case out of Michigan

Here. The record demonstrates that although the trial court found that DP and AP were Indian children under the ICWA, the trial court did not apply the heightened “beyond a reasonable doubt” evidentiary standard of proof at the termination hearing … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , | 1 Comment

Colorado Court of Appeals Reverses ICWA Case

Here, the Colorado Court of Appeals reversed a trial court decision to apply the ICWA burden of proof because the lower court did not make sufficient findings that the child at issue was an Indian child or eligible for membership … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , ,

Arizona COA on Burden of Proof in Parental Termination under ICWA

The Arizona Court of Appeals followed other state courts in applying the “dual burden of proof requirement” under ICWA in Valerie M. v. Arizona Dept. of Econ. Security. From the opinion: Contrary to Mother’s claims, the Act does not establish, … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , ,