Legal Opinion

Dawn M. v. Nevada State Division of Child & Family Services

Nevada Supreme Court

Decided December 24, 2009No. 51125PublishedCited by 5 opinions

1Opinion of the Court

*838OPINION

By the Court,

Saitta, J.:

In this appeal, we resolve questions concerning the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901-1963 (2006). Specifically, we address what evidentiary standards apply in parental termination cases involving the ICWA. We also consider whether the Existing Indian Family (EIF) doctrine, a judicially created exception to the ICWA, applies in those cases in which neither the Native American parent nor the tribe is contesting termination.

We conclude that a dual-standard burden of proof is appropriate for evidentiary findings in parental termination cases…

2Cases cited9 opinions

  1. Building & Construction Trades Council of Northern Nevada v. State Ex Rel. Public Works BoardNevada Supreme Court · 1992
  2. In the Interest of T.F. v. Director, Traill County Social ServicesNorth Dakota Supreme Court · 2004
  3. Valerie M. v. Arizona Department of Economic SecurityArizona Supreme Court · 2009
  4. In re J.R.B.Alaska Supreme Court · 1986
  5. Vincent L. G. v. State Division of Child & Family Services, Department of Human ResourcesNevada Supreme Court · 2004

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

3Cited by5 opinions

  1. Quiana M. B. v. State Department of Family ServicesNevada Supreme Court · 2012
  2. In re Amendments to the Oklahoma Uniform Jury Instructions for Juvenile CasesSupreme Court of Oklahoma · 2011
  3. In Re NjNevada Supreme Court · 2009
  4. IN RE: PARENTAL RIGHTS AS TO L.R.S., J.M.S. AND J.L.S.Nevada Supreme Court · 2024
  5. In Re: S.B.Nevada Supreme Court · 2020

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