Turtle Talk

But does not require contemporaneous active efforts when ordering one.

Here is the opinion.

Given our conclusion that the guardianship was a “foster care placement”  under ICWA, we now consider whether the juvenile court was required under ICWA to make an “active efforts” finding at the proceeding in which that guardianship was  established. Mother argues that, because the guardianship is a foster care placement, the  juvenile court was required to include an active efforts finding in the guardianship  judgment. Although we disagree with DHS’s argument that the guardianship was not a  “foster care placement,” we conclude nonetheless that DHS satisfied ICWA’s “active  efforts” requirement at the 2011 permanency hearing. Therefore, the juvenile court was  not required to make an “active efforts” finding in the guardianship judgment.