In the Matter of the Adoption of B.B., July 28, 2020 (Supreme Court of Utah)
Legal Topics: Indian Child Welfare Act – Jurisdiction; Indian Child Welfare Act – Domicile
Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Jurisdiction; Indian Child Welfare Act – Domicile
Read the full decision at the National Indian Law Library website.
Synopsis provided by Westlaw: In child protection proceeding involving children deemed to be Indian children under the Indian Child Welfare Act (ICWA), parents and Indian tribe moved to transfer jurisdiction of matter to Tribal Court. The Portland District Court, Powers, J., denied the motions. Parents appealed.
Holding provided by Westlaw: The Supreme Judicial Court, Gorman, J., held that trial court had “good cause,” within meaning of ICWA, not to transfer matter to Tribal Court.
Affirmed.
Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Transfer to Tribal Court
Read the full decision at the National Indian Law Library website.
Read a full copy of the decision at the National Indian Law Library website.
Synopsis provided by Westlaw: State moved to terminate natural mother’s parental rights, default order was entered against mother, and Indian tribe intervened after mother became enrolled citizen of tribe. The District Court, Rogers County, Stephen R. Pazzo, J., granted tribe’s motion to transfer the case to tribal court under the Indian Child Welfare Act (ICWA). State and foster mother appealed.
Holdings provided by Westlaw: The Supreme Court, Taylor, J., held that:
1) ICWA applied to proceeding, and
2) good cause to prevent transfer was not established by clear and convincing evidence.
Affirmed.
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Legal Topics: Indian Child Welfare Act – Transfer to Tribal Court
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Read the full decision at the National Indian Law Library website.
Legal Topics: Indian Child Welfare Act – Transfer to Tribal Court
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Read the full decision at the National Indian Law Library website.
Excerpt from the opinion: “Yolanda W., formerly known as Yolanda O., appeals from the decision of the separate juvenile court of Lancaster County, which denied her motion to transfer the termination of parental rights proceeding in this juvenile case to tribal court. Because we find that the State failed to establish good cause to deny the transfer, we conclude that the juvenile court abused its discretion in denying the motion to transfer.” View the decision at the National Indian Law Library website.