Synopsis from Westlaw: Department of Public Health and Human Services filed petition for termination of mother’s parental rights as to her two minor children. Following termination hearing, the District Court, Cascade County, Nos. ADN 16-175 and ADN-16-176, Gregory G. Pinski, P.J., terminated mother’s parental rights. Mother appealed.
Holdings from Westlaw: The Supreme Court, Beth Baker, J., held that:
1) trial court violated Indian Child Welfare Act (ICWA) when it terminated mother’s parental rights before having conclusive determination of children’s status in Indian tribe;
2) trial court’s oral findings and comments within written order did not implicitly establish that court agreed active efforts to prevent the breakup of Indian family were made, as required under ICWA; but
3) mother’s due process rights were not violated when Department raised issue of abandonment during closing argument.
Reversed and remanded with instructions.
Read the full decision at the National Indian law library website.