Application of Indian Child Welfare Act

Records Show Petersen’s Firm Planned Native Adoption, Raising Legal Questions

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Emails to the adoptive family from the director of Bright Star Adoptions, an adoption firm for which Petersen served as general counsel, suggest that concerns came up about the firm’s compliance with the Indian Child Welfare Act following Petersen’s arrest. Read the full article at the Phoenix New Times website. Read related news: “Indigenous Lawmakers … Read more

Matter of D.E. August 7, 2018 (Montana)

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Synopsis provided by Westlaw: In child protection proceedings, the District Court, Second Judicial District, Butte/Silver Bow County, Nos. DN-15-75-BN and DN-15-76-BN, Brad Newman, J., terminated mother’s parental rights with respect to two children. Mother appealed, and appeals were consolidated. Holdings provided by Westlaw: The Supreme Court, Gustafson, J., held that: 1) Department of Public Health … 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 C.A., May 23, 2018 (California)

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Synopsis provided by Westlaw: Dependency proceeding was initiated regarding child born with amphetamine and methamphetamine in her system at birth. Following determination that Indian Child Welfare Act (ICWA) did not apply to child’s presumed father or biological father, the Superior Court, San Diego County, No. J519280, Kimberlee Lagotta, J., terminated mother’s parental rights to child. Mother and … Read more

In re K.R v. E.K. February 22, 2018 (California)

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Synopsis provided by Westlaw: Dependency proceeding was initiated by county department of public social services regarding three children. The Superior Court, Riverside County, No. SWJ1600319, Judith C. Clark, J., determined that Indian Child Welfare Act (ICWA) did not apply and subsequently terminated mother’s parental rights to children. Holdings provided by Westlaw: The Court of Appeal, McKinster Acting P.J., held … Read more

Diego K. v. State of Alaska Department of Health and Social Services, February 23, 2018 (Alaska)

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Synopsis provided by Westlaw: Office of Children’s Services (OCS) petitioned for removal of Indian child from parents’ custody. The Superior Court, Fourth Judicial District, Bethel, No. 4SM-14-00002 CN, Dwayne W. McConnell, J., ordered child removed from her parents’ home. Parents appealed. The Supreme Court remanded for additional findings. Following remand, the Superior Court, McConnell, J., issued ordering clarifying … Read more

In re Andrew S., August 15, 2016 (California)

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Synopsis provided by Westlaw: Child dependency proceeding was commenced. The Superior Court, Los Angeles County, No. DK11636, Philip L. Soto, J., found jurisdiction over the children and removed them from parental custody, and father appealed. Holdings provided by Westlaw: The Court of Appeal, Perluss, P.J., held that: 1) father’s failure to provide children with support, … Read more