CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........Notice
............Limited Reversals on Appeal
23 Cards On This Topic:

Limited remand required for juvenile court and DCFS to make further inquiry regarding mother's claim of possible Indian status of Cs, and to interview extended family members.

Remand required for juvenile ct., which erroneously found ICWA inapplicable to Eskimo families and terminated parental rights, to satisfy ICWA requirements and make appropriate findings.

Conditional reversal for ICWA compliance required where SSA admittedly violated ICWA notice reqs., but attempted to forestall reversal by blaming F’s conduct in the proceedings.

Remand for ICWA notice compliance required where DCFS did not provide Navajos info re mother’s GPs, nor locations of her or Cs' births, and failed to give further information requested by Navajo Nation.

On ICWA notice remand, mother forfeited any claim concerning defects to contents of the final ICWA notices because she did not object in the juvenile court.

Limited remand for ICWA investigation and notice required where HHSA had reason to know C "is" an Indian child; question of membership in the tribe rests with the tribe.

Because matter not remanded for reexamination of issue of fact or retrial of dispositional issues, but merely for the performance of ministerial acts, case returned to Judge who accepted peremptory challenge.

When juvenile court fails to comply with notice requirements of ICWA, W&IC 224.2(d) does not prohibit the established remedy of a limited reversal and remand.

Limited remand required "once again" for sole purpose of directing court and DCFS to comply with inquiry and notice requirements of ICWA.

Termination of parental rights affirmed after limited reversal on ICWA issues where appropriate notice given to Yaqui and Apache tribes as ordered by Court of Appeal, thereby complying with remand order.

2d order terminating mother's parental rights reversed for limited purpose of completing ICWA notice to unresponsive tribes where notice incorrectly given.

Where error not 'jurisdictional' in fundamental sense, and parental rights not terminated, appropriate remedy for noncompliance with ICWA notice requirements is limited remand.

To litigate her challenge to ICWA notice requirements at limited remand hrg, mother must have notice and representation at hearing; jurisdiction had returned to juvenile court.

Limited reversal and remand contained in remittitur [for ICWA notice compliance] in mother's prior appeal precluded juvenile court from entertaining her W&IC 388 modification petition.

Court of Appeal reaffirms its practice of limited reversals and remands to instruct juvenile court to correct ICWA notice defect and reinstate the prior judgment of termination if no Indian tribe intervenes.

Failure to comply with ICWA notice requirements not a jurisdictional defect and not subject to reversal.

Where no more than conclusory statement in social worker's report that notice was sent, and the only submitted document incomplete, there was no substantial compliance with ICWA and termination order conditionally reversed.

For not complying with ICWA notice requirements, orders reversed and case remanded for limited purpose of providing proper notice: orders to be reinstated or new dispo hearing held after tribal action.

Before termination of mother's parental rights, remand required to determine whether "request for verification" sent to Pawnee tribe by DHHS complied with ICWA.

Possibility of parents' Cherokee heritage enough to trigger ICWA notice requirements; their inaction in not appealing prior orders should not defeat "the laudable purposes of the ICWA."

Court erred by terminating F's parental rights, even though no substantial compliance with ICWA notice requirements; remand required for proper notice.

Remand required where SSA failed to give court information on which to decide whether proper notice given to Indian tribes and if post-notice procedural provisions of ICWA applied.

Where ICWA notice requirements violated and parents did not raise claim in timely fashion, waiver doctrine cannot be invoked to bar consideration of notice error on appeal.