By a 5-2 margin, the Maryland Court of Appeals in In re Nicole B. (opinion) refused to overturn a lower court decision applying the “reasonable efforts” standard instead of the standard articulated in the Indian Child Welfare Act, “active efforts.” An excerpt from the dissent:
I disagree with the majority’s decision to avoid answering the certiorari question in this case, i.e,whether “reasonable efforts” as used in the Federal statute, differ from “active efforts” as used in the Family Law Article. Second, I do not believe it is appropriate for this Court to usurp the role of the trial court and to make first level findings of fact. The trial court used the wrong standard when it concluded that the Department made reasonable efforts to achieve reunification with the children’s parents. Accordingly, I would hold that the ICWA requirement that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family have proved unsuccessful is a different standard than that set out in § 5-525 of the Family Law Article of the Maryland Code which requires that reasonable efforts have been made.
Turtle Talk 