notice

In re. L.D. v. M.J., January 24, 2019 (Court of Appeals of California)

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Synopsis provided by Westlaw: County department of family and children’s services filed juvenile dependency petition on behalf of nine-year-old child who may have Native Alaskan ancestry. The Superior Court, Santa Clara County, No. 17JD024833, Michael L. Clark, J., found sufficient notice was sent, pursuant to the Indian Child Welfare Act (ICWA), to Athabascan Indian tribe … 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 Interest of L.H. February 23, 2018 (Colorado)

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Synopsis provided by Westlaw: County department of human services sought to terminate mother’s parent-child legal relationship with her child who had possible Indian heritage. The District Court, Jefferson County, No. 15JV650, Ann Gail Meinster, J., determined that Indian Child Welfare Act (ICWA) did not apply and terminated mother’s parental rights. Mother appealed. Holding provided by Westlaw: The … Read more

In the Interest of K.G. and A.R., November 29, 2017 (Colorado)

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Synopsis provided by Westlaw: Department of human services moved for an allocation of parental responsibilities of two children from mother to children’s aunt and uncle. The District Court, Mesa County, Valerie J. Robinson, J., entered an order allocating parental responsibilities, and did not address any applicability of the Indian Child Welfare Act (ICWA). Mother appealed. Holdings … Read more

In re Charlotte V., November 1, 2016, (California)

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Read the full decision at the National Indian Law Library website. Synopsis from Westlaw: County child welfare agency filed dependency petition. The Superior Court, Los Angeles County, No. CK81121, Emma Castro, Commissioner, terminated parental rights. Mother appealed. Holding from Westlaw: The Court of Appeal, Bigelow, P.J., held that agency provided adequate ICWA notice to conclude … Read more

Guardianship of C.H.S., November 22, 2016, (Oklahoma)

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Read the full copy of the decision at the National Indian Law Library website. Synopsis from Westlaw: Cherokee Nation filed petition to transfer guardianship action regarding Indian children to Cherokee Nation District Court, to which children’s guardians objected. The District Court, Okfuskee County, Lawrence W. Parish, J., denied transfer. Cherokee Nation appealed. Holding from Westlaw: … Read more

In re O.C., November 22, 2016, (California)

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Read the full decision at the National Indian Law Library website. Synopsis from Westlaw: County children and family services agency filed petition against mother and father to terminate their parental rights to minor children, who potentially had Indian heritage. Following hearing, the Superior Court, Mendocino County, Nos. SCUK-JVSQ-14-1702501 and SCUK-JVSQ-14-1702601, David Riemenschneider, J., found both … Read more

In re Candace A., November 9, 2015 (California)

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Synopsis from Westlaw: County child welfare agency filed dependency petition. The Superior Court, Los Angeles County, Valerie Skeba, No. DK05991, Juvenile Court Referee, issued jurisdiction findings and disposition order declaring child a dependent of the juvenile court and removing her from parents’ custody. Parents appealed. Holdings from Westlaw: The Court of Appeal, Perluss, P.J., held … Read more

In re M.S. , September 30, 2014 (Montana)

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Synopsis provided by Westlaw: Department of Public Health and Human Services filed petition to terminate parental rights of mother and Indian father to Indian child. Notice was given to father’s tribe, and tribe intervened. The petition was dismissed and then refiled. Mother voluntarily relinquished her parental rights. The Eighth Judicial District Court, County of Cascade, … Read more

Molly O. v. State, Dep’t of Health and Social Services, Office of Children’s Services, March 14, 2014, (Alaska)

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Synopsis provided by Westlaw: Department of Health and Social Services, Office of Children’s Services (OCS), took emergency custody of three children and petitioned to terminate mother’s parental rights. The Superior Court, Fourth Judicial District, Fairbanks, Douglas Blankenship, J., denied mother’s motion to join grandmother, and grandmother’s motion to intervene as the children’s Indian custodian. Grandmother … 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