Legal Opinion

Department of Human Services v. J. G.

Court of Appeals of Oregon

Decided January 2, 2014No. 0400574JV4; Petition Number 0900378M; A153864PublishedCited by 16 opinions

1Opinion of the CourtNakamoto, J.

This juvenile dependency case involves a mother and child who are enrolled members of the Klamath Tribe. Under the Indian Child Welfare Act (ICWA), 25 USC §§ 1901 - 1963, involuntary child custody proceedings involving Indian children must comply with certain federal requirements. Among those is a requirement that any party seeking to effect a foster care placement of an Indian child shall satisfy the court that active efforts have been made to provide services to prevent the breakup of the Indian family, and that such efforts have failed. 25 USC § 1912(d). Relying on that section of ICWA,…

2Cases cited23 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  3. Felder v. CaseySupreme Court of the United States · 1988
  4. Crosby v. National Foreign Trade CouncilSupreme Court of the United States · 2000
  5. Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992

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3Cited by16 opinions

  1. Brackeen v. HaalandCourt of Appeals for the Fifth Circuit · 2021
  2. Department of Human Services v. J. M.Court of Appeals of Oregon · 2014
  3. Department of Human Services v. H. H.Court of Appeals of Oregon · 2014
  4. Herinckx v. SanelleCourt of Appeals of Oregon · 2016
  5. Department of Human Services v. S. R. H.Lane County Circuit Court, Oregon · 2016

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

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