Tag Archives: standard of proof

Termination of Parental Rights ICWA Case Out of Missouri

Here. This case is illustrative of a lot of the things we talk about regarding practicing in an unfamiliar forum, and getting objections on the record. The Tribe (Nenana Native Village) brought an appeal regarding the termination of parental rights, … Continue reading

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Active Efforts Case out of the Nebraska Court of Appeals

Here. NICWA, however, adds two additional elements the State must prove before terminating parental rights in cases involving Indian children. In re Interest of Walter W., supra. First, the State must prove by clear and convincing evidence that active efforts … Continue reading

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Burden of Proof ICWA Case Out of Arizona Court of Appeals

Here. Based on these authorities, we are persuaded that the heightened standard of “clear and convincing” evidence should apply when Arizona courts decide whether good cause exists to deviate from ICWA foster or adoptive placement preferences. Because it is unclear what standard of … Continue reading

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