State Ex Rel. Juvenile Department v. Charles

This case involves an assertion of authority over an “Indian child” by a juvenile court. It requires us to interpret several provisions of the Indian Child Welfare Act, 25 USC § 901 et seq (ICWA). The order of disposition, among other things, declared the child to be a ward of the court. We reverse, because the state failed to make a showing that remedial efforts to prevent the breakup of the Indian family had proven unsuccessful and failed to prove by clear and convincing evidence that foster care placement of the child was necessary to prevent her from suffering serious emotional and…