Tag Archives: termination of parental rights

ICWA Expert Witness Case out of Colorado

Opinion here. The Colorado Court disagrees with holdings in Montana and Michigan on the same issue–what does a qualified expert witness have to say for it to count under 25 U.S.C. 1912(f). Congress’s primary reason for requiring qualified expert testimony … Continue reading

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ICWA Inquiry Case out of Colorado Court of Appeals

Here. To decide if the trial court complied with ICWA, we must answer a question that has yet to be decided in Colorado: When a trial court inquires at an initial temporary custody hearing at the commencement of the dependency … Continue reading

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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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Nebraska Supreme Court ICWA/NICWA Decision

Here. This is a tough case of intergenerational removal. The Nebraska Supreme Court finds that both ICWA and NICWA apply to non-Indian parents of Indian children as defined by the statutes. The Court also found that NICWA’s different language in … Continue reading

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Article on the Disparity Between the States Regarding Termination of Parental Rights

Here. Not ICWA-specific, but an interesting article on the wide difference of the states in terminating parental rights. Across the country, the availability of effective support services is viewed as crucial in helping reduce the need for foster care placements … Continue reading

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Michigan COA Termination of Parental Rights Case Based on Prior Tribal Court Termination

Here. State court used tribal court termination of parental rights to another child to fulfill a state termination of parental rights. Seems strange there is no mention of ICWA or MIFPA in the case, though it’s possible the father only … Continue reading

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Unpublished Illinois ICWA Case on Termination Standard

Here. Fairly long case to be unpublished, and odd reading for an ICWA case–separating out the language of “beyond a reasonable doubt” from the additional standard that “continued custody of the child by the parent . . . is likely … Continue reading

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Termination ICWA Case Out of Texas Court of Appeals

Here. The opinion is 28 pages long and the court addresses notice (actual notice was sufficient even if not strictly ICWA compliant), active efforts (happened), state law requirements (harmonious with ICWA), standard of proof (met), jury instructions (adequate), expert witness … Continue reading

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