Tribal Laws Inapplicable: Mother’s Parental Rights Properly Terminated
The trial court properly terminated a mother’s parental rights where 1) the trial court correctly held the Indian Child Welfare Act and the Michigan Indian Family Preservation Act did not apply, and 2) termination was supported by the evidence and was in the child’s best interests, the Michigan Court of Appeals has ruled.
Court Of Appeals Affirms Termination Of Parental Rights Where Father Failed To Assert Tribal Affiliation Or Rectify Substance-Use Barrier
The Court of Appeals affirmed the Trial Court’s decision to terminate the respondent’s parental rights because he failed to assert the child’s Native American or tribal affiliation to the Trial Court and failed to demonstrate that he would be able to rectify his substance-use barrier in a reasonable time considering the child’s age.
The Supreme Court of the United States Has Upheld ICWA by a 7-2 Vote
ICWA also does not violate the Tenth Amendment’s anticommandeering doctrine. ICWA’s “active efforts” and “diligent search” requirements apply equally to state and private actors.
Federal Appeals Court Keeps - And Strikes - Parts Of Indian Child Welfare Act
The 5th U.S. Circuit Court of Appeals has upheld the constitutionality of the Indian Child Welfare Act, while at the same time finding that certain provisions of the Act should be stricken.