Synopsis from Westlaw: Mother’s and father’s parental rights were terminated by District Court of Burleigh County, South Central Judicial District, Sonna M. Anderson, J., and they both appealed.
Holding from Westlaw: The Supreme Court, Sandstrom, J., held that:
(1) judicial referee’s fact findings were subject to Supreme Court review for clear error;
(2) children remained deprived due to mother’s actions, at time of hearing on petition to terminate parental rights;
(3) children had been in foster care for more than 450 out of previous 660 nights, as grounds for termination of mother’s parental rights;
(4) social services made reasonable efforts to reunify children with both mother and father;
(5) admission of reports of suspected child abuse or neglect was not abuse of discretion; and
(6) tribe director’s determination that Indian Child Welfare Act (ICWA) did not apply was binding on trial court. Affirmed.
View the decision at the National Indian Law Library website.