Legal Opinion

In re J.R.B.

Alaska Supreme Court

Decided March 21, 1986No. S-907PublishedCited by 34 opinions

1Opinion of the Court

OPINION

MATTHEWS, Justice.

In this case we are presented with questions concerning the standards of proof and the admissibility of hearsay in state parental rights termination proceedings conducted pursuant to the federal Indian Child Welfare Act (hereinafter ICWA), 25 U.S.C. §§ 1901-63 (1982).1 We conclude that under the ICWA, the trial court need only apply a “beyond a reasonable doubt” standard of proof to its finding that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The ICWA does not require the…

2Cases cited6 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Williams v. New YorkSupreme Court of the United States · 1949
  3. Stein v. New YorkSupreme Court of the United States · 1953
  4. A.B.M. v. M.H.Alaska Supreme Court · 1982
  5. Webster v. Bechtel, Inc.Alaska Supreme Court · 1980

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

3Cited by34 opinions

  1. L.G. v. State, Department of Health & Social ServicesAlaska Supreme Court · 2000
  2. Broderick v. King's Way Assembly of God ChurchAlaska Supreme Court · 1991
  3. K.N. v. StateAlaska Supreme Court · 1993
  4. Valerie M. v. Arizona Department of Economic SecurityArizona Supreme Court · 2009
  5. C.J. v. State, Department of Health & Social ServicesAlaska Supreme Court · 2001

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

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