Native Law

Matter of April S.

Posted on March 10th, 2021

FAMILY LAW / NATIVE LAW Jacob Keohane   Matter of April S. In the Matter of April S., 467 P.3d 1091 (Alaska, 2020), the supreme court ruled that an out-of-state mental health professional qualified as an expert under the Indian Child Welfare Act (ICWA), given the severity of the child’s psychiatric conditions. The ICWA requires Continue Reading »

Peidlow v. Williams

Posted on October 14th, 2020

In Peidlow v. Williams,¹ the supreme court held that the Indian Child Welfare Act (ICWA) requires a superior court that receives a tribal court order to first determine whether the order was issued in an ICWA child custody proceeding, and if it was, to follow the full faith and credit mandate of the ICWA. The Continue Reading »

Bill S. v. State, Department of Health & Social Services

Posted on April 14th, 2020

In Bill S. v. State, Department of Health & Social Services,[1] the Supreme Court held that clear and convincing evidence of active efforts to prevent the breakup of an Indian Family under the Indian Child Welfare Act (ICWA) must include documented efforts to provide specific assistance rather than vague and overgeneralized testimony. The Office of Continue Reading »

Sam M. v. State, Department of Health & Social Services

Posted on April 14th, 2020

In Sam M. v. State, Department of Health & Social Services,[1] the supreme court reiterated that courts must look to the Office of Children Services’ (OCS) efforts during the entirety of a case to assess whether it made active efforts to keep Indian children with their parents. Sam M. sought custody of his biological daughter Continue Reading »

Native Law

Matter of April S.

Posted on March 10th, 2021

FAMILY LAW / NATIVE LAW Jacob Keohane   Matter of April S. In the Matter of April S., 467 P.3d 1091 (Alaska, 2020), the supreme court ruled that an out-of-state mental health professional qualified as an expert under the Indian Child Welfare Act (ICWA), given the severity of the child’s psychiatric conditions. The ICWA requires Continue Reading »

Peidlow v. Williams

Posted on October 14th, 2020

In Peidlow v. Williams,¹ the supreme court held that the Indian Child Welfare Act (ICWA) requires a superior court that receives a tribal court order to first determine whether the order was issued in an ICWA child custody proceeding, and if it was, to follow the full faith and credit mandate of the ICWA. The Continue Reading »

Bill S. v. State, Department of Health & Social Services

Posted on April 14th, 2020

In Bill S. v. State, Department of Health & Social Services,[1] the Supreme Court held that clear and convincing evidence of active efforts to prevent the breakup of an Indian Family under the Indian Child Welfare Act (ICWA) must include documented efforts to provide specific assistance rather than vague and overgeneralized testimony. The Office of Continue Reading »

Sam M. v. State, Department of Health & Social Services

Posted on April 14th, 2020

In Sam M. v. State, Department of Health & Social Services,[1] the supreme court reiterated that courts must look to the Office of Children Services’ (OCS) efforts during the entirety of a case to assess whether it made active efforts to keep Indian children with their parents. Sam M. sought custody of his biological daughter Continue Reading »