I did not realize how far behind I was on these. Here is a case from the end of June on active efforts from the Colorado Supreme Court.
To be honest, this case holding is one that most, if not all, states have come to agreement on either in case law, state law, or state policy.
The court concludes that ICWA’s “active efforts” is a heightened standard requiring a greater degree of engagement by agencies like DHS with Native American families compared to the traditional “reasonable efforts” standard.
Here are the materials in Grondal v. United States (E.D. Wash.) after trial:
674 Plaintiffs Trial Brief
676 US Trial Brief
694 DCT Findings of Fact and Conclusions of Law
Prior post here.
Here is the opinion in R. v. Desautel:
Here are the materials in Picard v. Colville Tribal Correction Facility (E.D. Wash.):
1 Habeas Petition
15-5 Colville Appellate Court Opinion
21 DCT Order
The Supreme Court of Canada materials on Her Majesty the Queen v. Richard Lee Desautel are here.
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