Synopsis provided by Westlaw: In termination of parental rights proceedings involving Indian child, the 392nd Judicial District Court, Henderson County, terminated mother’s parental rights to child. Mother appealed.
Holding provided by Westlaw: The Court of Appeals, James T. Worthen, C.J., held that:
(1) trial court’s failure to strictly comply with notice requirements of Indian Child Welfare Act (ICWA) did not invalidate termination order, as Indian tribe had actual notice and participated in proceedings;
(2) state family code was not preempted by ICWA;
(3) termination under ICWA was tried by consent;
(4) trial court did not abuse its discretion in submitting broad-form question to jury;
(5) burden of proof required to “satisfy the court” that active efforts were made and “proved unsuccessful” is evidence beyond a reasonable doubt; and
(6) evidence supported termination of mother’s parental rights.
Read the full decision at the National Indian Law Library website.