Friday, February 17, 2012

Fifth District Reverses Termination of Parental Rights Under Indian Child Welfare Act

In G.L. v. D.C.F., the Fifth District ruled today that the lower tribunal erred when it failed to provide notice under the Indian Child Welfare Act of a pending termination of parental rights to the appropriate tribal representatives.  While the issue was not raised as error below, failure to follow the ICWA was found to preempt the traditional law on preservation of error.

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