ICWA requirements for Child Abuse/Neglect Adjudication in NM

As a guardian ad litem (GAL) and alternative dispute resolution (ADR) practitioner in New Mexico, I take special interest in unusual court cases involving children, and there are few child protection cases trickier than "ICWA" cases.   

In CYFD v. Marlene C., 2011-NMSC-005, the New Mexico Supreme Court has recently ruled that the court must make certain findings at the adjudication stage, under the Indian Child Welfare Act of 1978 (ICWA), 25 USC Sec. 1901-1963 (2006): (a)  the State has made active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, and such efforts and proved unsuccessful: and  (b) there is clear and convincing evidence, such as that based on qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.  See 25 USC Sec. 1902(e). The Court also held that Sec. 1913, regarding voluntary proceedings for placement and termination, only applies to proceedings initiated by the parent(s).  


Overall, the case serves as an excellent primer for ICWA issues and pitfalls.

Surrogacy Issues

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I take special interest in unusual court cases involving children and parental rights issues.  In the March issue of the ABA Journal, Mark Hansen writes about a Minnesota surrogacy case, in which a male homosexual couple made "do it yourself" (DYI) arrangements through a surrogacy website.  The surrogate was implanted with her own egg, which had been fertilized by the sperm of one of the men.  Although she relinquished her parental rights en route, she changed her mind shortly after birth, giving rise to several years of litigation.