Maryland appeals court issues first ICWA ruling

Monday, July 9, 2007  

A Maryland appeals court issued its first Indian Child Welfare Act ruling on Friday.

The Court of Special Appeals said the custody case of two Indian children must be reconsidered in order to determine whether the state met the "active efforts” requirement of ICWA. The law requires states to ensure they have taken steps to prevent the breakup of an Indian family and that those efforts have not been successful.

The children are members or eligible for membership in f the Yankton Sioux Tribe of South Dakota. The tribe's motion to intervene was denied by a lower court.

The children were placed in the custody of a non-Indian parental aunt. Their mother is Yankton Sioux; their father is non-Indian.

Get the Story:
Court must re-evaluate child-custody case in which Yankton Sioux Tribe intervened (AP 7/9)

Court Decision:
In Re: Nicole B. (July 6, 2007)

Relevant Links:
National Indian Child Welfare Association - http://www.nicwa.org

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