Besides my mediation and arbitration work, I am also a Court Appointed Special Advocate (CASA) and guardian ad litem (GAL) in New Mexico. Recently, the Second Judicial District CASA Program organized Indian Child Welfare Act (ICWA) Trianing at the Juvenile Justice Center. Bernie Teba, member of the Navajo Tribe and Santa Clara Pueblo, and the CYFD Tribal Liaison, discussed various ICWA processes and placement requirements which I will recount here.
Showing posts with label ICWA. Show all posts
Showing posts with label ICWA. Show all posts
Saturday, May 7, 2011
Friday, May 6, 2011
Child Protection Update - Abuse Evidenced by Abuse of Mom and Siblings
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. In CYFD v. Arthur C. and Angel J., 2011-NMCA-022, the New Mexico Court of Appeals* recently reconciled rule amendments, and an amendment to Section 32A-4-19 with Court Rule 10-343, to uphold a determination of abuse in the context of an Indian Child Welfare Act (ICWA) matter, and prior abuse of another child.
Friday, April 8, 2011
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.
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.
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