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eBook details

• Title: People ex rel J.S.B.
• Author : the Supreme Court of the State of South Dakota
• Release Date : January 05, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

[1.] Under the Adoption and Safe Families Act (ASFA), enacted in 1997, "reasonable efforts" to reunify a family are not required before termination of parental rights when a parent has a pattern of abusive or neglectful behavior constituting an aggravated circumstance. On the other hand, the Indian Child Welfare Act (ICWA), enacted in 1978, provides special rules for the needs of Indian children and families. ICWA requires "active efforts" to reunite families before a parents rights may be terminated. In this abuse and neglect case, the father, a member of a federally recognized Indian tribe, appeals the termination of his parental rights. During the proceedings, the trial court ruled that ASFA "preempts" the requirements of ICWA, such that "active efforts" were not required in the circumstances. We conclude that ASFA does not override the requirements of ICWA. We affirm the termination of parental rights, however, because despite the courts erroneous ruling, the record reflects that the Department of Social Services (DSS) continued to provide "active efforts" to reunify the family, but such efforts were unsuccessful.

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