NATIVE LAW, FAMILY LAW Mary Beth Barksdale In Clark J. v. State, Department of Health & Social Services, Office of Children’s Services, 483 P.3d 896 (Alaska 2021), the supreme court reversed the Superior Court’s termination of parental rights, finding clear error where the Office of Children’s Services (OCS) had failed to make active efforts to Continue Reading »
NATIVE LAW Kristen M. Renberg, Ph.D. In Peidlow v. Williams,1the 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 Continue Reading »
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 »
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 »
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 »
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 »
