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