active efforts

Native American child welfare bills return to legislature after federal ICWA upheld

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Pourier’s bills would create a two-year task force to study Native American child welfare as well as codify and expand a piece of ICWA in state law.  Republican Rep. Tamara St. John, from Sisseton and a member of the Sisseton Wahpeton Oyate, is the prime sponsor of a bill that would establish an Indian Child Welfare Advisory Council in the state … Read more

In the Matter of: P.T.D. August 22, 2018 (Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services, Child and Family Services Division, filed a petition to terminate putative father’s parental rights to child, who was a member of or eligible for membership in the Fort Peck Indian Tribe. The District Court, 12th Judicial District, Hill County, No. DN-15-010, Daniel A. Boucher, J., … Read more

In re the Adoption of T.A.W., July 7, 2015, (Washington)

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Synopsis provided by Westlaw: Indian mother and her husband petitioned to terminate non-Indian biological father’s parental rights to Indian son and to allow husband to adopt son. The Superior Court, Pacific County, Douglas E. Goelz, J., granted petition. Father appealed. Holdings provided by Westlaw: The Court of Appeals, Maxa, J., held that: (1) father could … Read more

In re Interest of Shayla H. et al., May 20, 2014 (Nebraska)

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Synopsis provided by Westlaw: The Department of Health and Human Services (DHHS) initiated dependency proceedings concerning father’s three children. The Juvenile Court, Lancaster County, Linda S. Porter, J., entered dispositional order ordering a change of family therapist, declined to return legal custody of the children to father, and made specific ordered related only to father. … Read more

In re J.S. March 25, 2014, (Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services filed petition for legal guardianship, seeking to award guardianship of Indian child, who had been adjudicated a youth in need of care, to foster parents. The District Court, 20th Judicial District, Lake County, Deborah Kim Christopher, J., granted petition. Child’s father appealed. Holdings provided … Read more