In re D.S.B.

The State petitioned for permanent legal custody and termination of Father's parental rights to his two children after the court held that the Indian Child Welfare Act (ICWA) applied and approved treatment plans for Father prepared by the State. The district court subsequently terminated Father's parental rights to the children. The Supreme Court affirmed, holding (1) Father's argument that the district court improperly concluded that Father's treatment plans were appropriate was not preserved for appellate review; and (2) the State presented sufficient evidence to terminate Father's parental rights under the ICWA where (i) a rational trier of fact could have concluded that the State made "active efforts" to provide services and programs designed to prevent the breakup of the Indian family and that those efforts were unsuccessful, and (ii) the State proved that the children would likely suffer serious emotional or physical harm if Father was to retain custody. View "In re D.S.B." on Justia Law