CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........Active Efforts/Services Req'd
9 Cards On This Topic:

Party seeking foster care placement of, or termination of parental rights to, Indian child shall satisfy court that active, but unsuccessful, efforts made to provide remedial services and rehab. programs to prevent the breakup of Indian family.

Though it was error to refuse testimony on active efforts at the permanency planning hearing, error was harmless where it was clear the services provided mother did constitute active efforts and the finding would likely not be in her favor.

Substantial evidence supported finding that active efforts made to prevent Indian family breakup where there were attempts to help mother w/substance abuse, housing and work, and HHSA and Tribe provided remedial & rehab. services.

Juvenile court and DFCS did comply with ICWA's "active efforts" requirements.

In refusing to terminate F's parental rights, court did not apply proper standard as to mother's active efforts (ICWA) to prevent family breakup and did not consider all evidence as to whether F's continued custody would damage C.

ICWA requires that active efforts be made to provide services, not that services be provided regardless of when a parent becomes available to receive them.

"Active efforts" finding within meaning of ICWA were made to prevent severance of mother's relationship with son properly based on years of failed services rendered re 4 older siblings.

Finding that DSS provided active remedial services for 12-mo. statutory reunif. period not supported by evidence; 12-mo. period not reduced simply because parents not expected to comply.

ICWA applicable to petition by non-Indian mother to terminate parental rights of Indian father. Showing required by ICWA to terminate.