Tag Archives: active efforts

Active Efforts and Transfer to Tribal Court Case out of Maine [ICWA]

Here. This is a difficult case, but the opinion does a nice job of outlining how a state and Tribe can work together in a state court ICWA case to provide active efforts when reunification with the father would be … Continue reading

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Alaska Supreme Court on Active Efforts [ICWA]

Here. I very nearly made an inadvertent broken record pun here, but seriously, I do talk about making a clean record a lot. OCS didn’t even manage to document state law requirements in this case. And in the continuing theme … Continue reading

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Published Permanency/Guardianship [ICWA] Case out of Nebraska Court of Appeals

In re Mercedes L. et al This is a very long decision, but the court’s discussion of appealability of the order is an interesting one.

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Unpublished Nebraska Court of Appeals Case on Active Efforts (ICWA).

Here. We rarely post unpublished ICWA cases because otherwise that’s all we would do. However, in this case involving an analysis of active efforts, the court found that: Efforts made in this case included facilitating supervised visits, providing family support … Continue reading

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Article Out of Colorado on Keeping Kids in Foster Care in the Same School

While this article doesn’t talk about Native children populations, this is an aspect of foster care I always teach, and often law students find it surprising that children are moved out of their school district (and related sports teams, academic … Continue reading

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Placement Preferences/Active Efforts (ICWA) Case from South Dakota Supreme Court

InreMD Footnote 4: 4. We are aware of the recent decision of the United States District Court for the Northern District of Texas holding parts of ICWA, including its placement preferences, unconstitutional. Brackeen v. Zinke, No. 4:17-cvoo868-0, 2018 WL 4927908 … Continue reading

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Nebraska Supreme Court ICWA Decision: Active Efforts

In re Micah H. This case discusses how private parties (grandparents) can provide active efforts in a guardianship situation. This further develops this state case law in this area, most recently addressed in In re Micah H. (Neb. 2016), In … Continue reading

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ICWA/MIFPA Case from the Michigan Court of Appeals

We are wrapping up a training in Montana where every person in the room answered the ICWA pop quiz question: “Do ICWA protections apply to non-Native parents of Indian children?” correctly. Luckily the Michigan Court of Appeals answered it correctly … Continue reading

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Montana Supreme Court ICWA Case on Termination Standards

Here Appellant M.D. (Father) challenges the Thirteenth Judicial District Court’s decision to terminate his parental rights to his minor child, A.L.D. Father contends that the State of Montana’s Department of Public Health and Human Services (Department) did not provide the … Continue reading

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Bill to Allow Tribes Access to Information Needed for Active Efforts in Passes in Michigan

Here is SB 616. Here is the press release. Here is some news coverage. This bill was driven entirely by the tribes in Michigan–especially the in-house ICWA attorneys and tribal social workers who have been expressing concern with not getting enough … Continue reading

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