CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........Appeal
5 Cards On This Topic:
  • That mother did not allege ICWA notice error in appeal from disposit'l order did not preclude her from raising it on appeal from termination of parental rights as juv. court had ••continuing•• duty to ask whether C was an Indian child in all proceedings.
  • While Mother's appeal from court's finding at gun surrender hearing was timely, she could not use it to challenge the sufficiency of an ICWA notice because the order was not premised on any ICWA finding.
  • Mother's failure to appeal an earlier juvenile ct. order finding "good" ICWA notice was given did not preclude her from raising this issue in an appeal from a subsequent order.
  • A parent's failure to object in the juvenile ct. to ICWA compliance deficiencies, or failure to appeal from an earlier order, does not preclude the parent from raising the issue for the first time on appeal.
  • By not objecting in juvenile court, F failed to preserve claims related to failure to follow tribal customary adoption procedures.