Posts Tagged ‘ICWA’

WA Court of Appeals at Div. II: Notify All Interested Tribes Under ICWA

July 19, 2010

In re Welfare of L.N.B.-L., A.D.B.-L.

Ready for your daily bar prep? Under the Indian Child Welfare Act, when initiating termination proceedings, you must give notice to the tribes if they wish to intervene. This means all the tribes which have an interest. Here, the state failed to notify three interested tribes. The termination, as terminations do, will likely stand. The court, to fix the procedural error, took a rare step in affirming with a remand. The remand is to give proper notice to the three tribes not notified. If any wish to intervene, then there will be a do-over.

WA Court of Appeals at Div. II: Notify All Interested Tribes Under ICWA

July 19, 2010

In re Welfare of L.N.B.-L., A.D.B.-L.

Ready for your daily bar prep? Under the Indian Child Welfare Act, when initiating termination proceedings, you must give notice to the tribes if they wish to intervene. This means all the tribes which have an interest. Here, the state failed to notify three interested tribes. The termination, as terminations do, will likely stand. The court, to fix the procedural error, took a rare step in affirming with a remand. The remand is to give proper notice to the three tribes not notified. If any wish to intervene, then there will be a do-over.


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