Legal Opinion

Department of Social & Health Services v. Gilfillen

Court of Appeals of Washington

Decided March 7, 2005No. Nos. 53656-7-I; 53750-4-I; 53751-2-I; 53793-8-IPublishedCited by 68 opinions

1Opinion of the Court

¶1 This termination of parental rights case involves two distinct issues. The first is whether the Indian Child Welfare Act of 1978 (ICWA) (the Act)1 required the trial court to ensure that the tribe or the Bureau of Indian Affairs (BIA) be notified of the termination proceedings. The second is whether the Department of Social and Health Services (DSHS) offered the parents all necessary services, and whether the parents were capable of parenting in the near future.

Ellington, A.C.J.

¶2 Because the children were possibly Indian children, the court was required to notify the tribe or the BIA of…

2Cases cited18 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. Department of Social & Health Services v. RhyneCourt of Appeals of Washington · 2001
  3. In Re Dependency of TRCourt of Appeals of Washington · 2001
  4. In Re the Welfare of HallWashington Supreme Court · 1983
  5. In re M.C.P.Supreme Court of Vermont · 1989

13 more not listed; retrieve them via the Exa API.

3Cited by68 opinions

  1. In Re Welfare of ABWashington Supreme Court · 2010
  2. Salas v. Department of Social & Health ServicesWashington Supreme Court · 2010
  3. In re the Parental Rights to K.M.M.Washington Supreme Court · 2016
  4. Schermer v. Department of Social & Health ServicesWashington Supreme Court · 2007
  5. In Re Dependency of SchermerWashington Supreme Court · 2007

63 more not listed; retrieve them via the Exa API.

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