25 results for 'cat:"Family Law" AND cat:"Native Americans"'.
J. Menetrez finds that the trial court properly terminated a mother's parental rights without an inquiry into the native heritage of extended family members. She and the child's father denied any Indian ancestry and the child was taken into custody on a protective custody warrant after the mother was arrested for battery and DUI. Statute requires an expanded duty of inquiry only if a child is placed into temporary custody without a warrant. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: May 7, 2024, Case #: E082401, Categories: family Law, native Americans
J. Robie finds that the juvenile court must conduct further proceedings to comply with the inquiry requirements of the Indian Child Welfare Act before deciding on a mother's bid for reunification and whether to terminate a father's visitation rights. Also, juvenile court findings must reflect a meaningful consideration of Act compliance and application, human service agencies must remain diligent, and parents' counsel must raise claims of inadequate inquiry in the juvenile court. Vacated.
Court: California Courts Of Appeal, Judge: Robie, Filed On: May 3, 2024, Case #: C099704, Categories: family Law, native Americans
J. Combs finds the district court properly terminated the mother and father's parental rights. The medical examiner testified the 15-year-old daughter reported abuse that had occurred for a number of years, which led to an examination confirming the abuse and the doctor's contacting police. Multiple witnesses with law enforcement and protective services testified to the mother and father's dismissive behavior and unwillingness to take part in a safety plan. The mother lacks standing to challenge the constitutionality of the Indian Child Welfare Act and the trial court did not violate her right to equal protection by failing to apply the Act's heightened burden of proof. Affirmed.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: April 23, 2024, Case #: 120910, Categories: family Law, native Americans, Guardianship
J. Moore finds the juvenile court properly terminated the mother's parental rights to her two children. The children were originally removed after the mother was found intoxicated on a city bus and placed into a detox facility. There were also reports the mother had abused the children and left them unsupervised at a homeless shelter. Clear and convincing evidence shows the mother is unfit and that termination is in the children’s best interests. The termination also accords with all factors of state and federal Indian child welfare acts. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 23, 2024, Case #: A-23-377, Categories: family Law, native Americans, Guardianship
J. Vera finds in favor of the children protective services (CPS) against the Native American tribe's complaint that CPS violated the Indian Child Welfare Act (ICWA) by not fully investigating the two children's Native American ancestry and not giving the tribe proper notice. The tribe and the biological parents do not provide facts showing that the biological parents or the children were either members of or eligible for membership of any tribe during the adoption proceedings.
Court: USDC Central District of California, Judge: Vera, Filed On: January 17, 2024, Case #: 2:22cv1586, NOS: Other Civil Rights - Civil Rights, Categories: family Law, native Americans
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J. Baker finds that the trial court complied with the notification requirements of the Indian Child Welfare Act in a juvenile dependency proceeding. Formal notice to Indian tribes was not required because there was no reason to believe that the minor is an Indian child. Affirmed.
Court: California Courts Of Appeal, Judge: Baker, Filed On: January 12, 2024, Case #: B321592, Categories: family Law, native Americans
[Consolidated] J. Funke finds the court of appeals properly dismissed the state's appeal of a custody case for lack of jurisdiction. The juvenile court entered an order transferring the Oglala Sioux family's parental termination cases to the tribal court. Though the state argues the juvenile court must have the consent of the tribal court first, the order itself is not final or appealable.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 12, 2024, Case #: S-23-234, Categories: family Law, native Americans, Jurisdiction
J. Hiramoto holds that the juvenile court's termination of parental rights without an inquiry with extended family members about the child's ancestry was an abuse of discretion. The county social services agency must conduct a full inquiry into the child's native heritage under the Indian Child Welfare Act. Reversed.
Court: California Courts Of Appeal, Judge: Hiramoto, Filed On: December 28, 2023, Case #: A167363, Categories: family Law, native Americans
[Consolidated.] J. Yohalem finds the lower court erroneously affirmed the removal of the Native American child from his guardians because the government failed to provide sufficient evidence of its efforts to prevent the unnecessary removal of the child as required under the Indian Child Welfare Act. The only evidence from the state agency came from a single witness who testified the agency made numerous phone calls to the guardians over a 9-month period, while the agency also failed to conduct in-home studies of the child's grandparents and birth parents to determine if they were suitable placements. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: December 20, 2023, Case #: A-1-CA-40390, Categories: Evidence, family Law, native Americans
J. Massing affirms decrees terminating a mother’s parental rights regarding her two youngest children, who are fraternal twins. The Indian Child Welfare Act doesn’t apply here in any way that would change the case’s outcome because the mother has an extensive history of domestic violence and convictions for manslaughter and child endangerment, which resulted from an incident resulting in the death of one of her children.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: November 29, 2023, Case #: 22-P-1048, Categories: family Law, native Americans, Guardianship
J. Baker finds that the lower court properly terminated the mother's parental rights after multiple tribes confirmed the child does not qualify for tribal membership and the mother repeatedly tested positive for meth. The record includes documented instances of neglect, abuse and drug use by the mother that substantially impacted the child's welfare. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: October 31, 2023, Case #: DA 23-0157, Categories: family Law, native Americans
J. Lorello finds that the lower court properly terminated the mother's parental rights to her children. The evidence clearly shows that the mother abandoned and neglected her child, and the state made active efforts to avoid breakup of the Indian family. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: October 30, 2023, Case #: 50905, Categories: family Law, native Americans
J. Mesiwala finds the juvenile court improperly terminated the father’s parental rights. The child was removed through a protective custody warrant based on a failure to thrive diagnosis. The father says that Social Services failed to comply with requirements of the Indian Child Welfare Act by not inquiring of extended family members as to the minor’s potential Indian ancestry. Conditionally reversed and remanded.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: October 13, 2023, Case #: C097911, Categories: family Law, native Americans, Guardianship
J. Hodgens finds that the lower court improperly terminated the mother's parental rights. Because the child is an enrolled member of the Mashpee Wampanoag tribe, the Indian Child Welfare Act required the Department of Children and Families to present expert testimony showing that custody of the parent is likely to result in emotional or physical damage to the child. The department's expert did not have the proper experience or training to testify as to the child's likelihood of harm. Vacated.e
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: September 26, 2023, Case #: 22-P-568, Categories: family Law, native Americans, Experts
J. Thomson finds the lower court improperly allowed the state's expert witness to testify about the cultural differences between the child's current family and the Native American tribe, as well as the possible permanent damage resulting from placement with her abusive parents. The witness failed to establish adequate credentials and experience regarding permanent damage. However, because the state made a good faith effort to provide expert testimony in both categories, the case will be remanded to allow for a new hearing with proper witnesses. Reversed in part.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: September 25, 2023, Case #: S-1-SC-39139, Categories: family Law, native Americans, Experts
J. Berkenkotter finds the lower court properly denied the mother's motion to remove the child from family services' custody. "Due diligence," as defined in the federal Indian Child Welfare Act, requires the party petitioning for custody of a child to make reasonable efforts to determine whether that child has any Native American heritage, which was satisfied in this case when family services repeatedly attempted to contact the child's mother and eventually confirmed from the child's maternal grandmother he had no Native American heritage. Affirmed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: September 11, 2023, Case #: 2023 CO 48, Categories: Civil Procedure, family Law, native Americans
J. Egerton finds that the trial court properly denied a mother's post-permanency petition for reunification services with her son. She forfeited her claim that a family services department failed in its duty under the Indian Child Welfare Act to inquire into the child's heritage. Her claim was extinguished by her failure to appeal the legal guardianship order. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: September 5, 2023, Case #: B318674, Categories: family Law, native Americans
J. Kelly finds a lower court properly dismissed a father's motion for a writ of habeas corpus concerning a custody battle over his daughter with her mother, who is a member of the Cheyenne River Sioux Tribe. The father argued that the tribe lacked jurisdiction to refuse to abide with State ordered custody of his daughter, in violation of the Parental Kidnapping Prevention Act. However, the Act does not apply to Native American Tribes. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 15, 2023, Case #: 22-2277, Categories: family Law, native Americans, Habeas
J. Barrett finds that the district court improperly held that congress lacked authority to enact the Indian Child Welfare Act of 1978, which requires that Native American children removed from their homes be placed with other Native American families, because congress has been granted broad power to enact laws related to Native Americans. Reversed in part.
Court: US Supreme Court, Judge: Barrett, Filed On: June 15, 2023, Case #: 21-376, Categories: Constitution, family Law, native Americans