Justia Colorado Supreme Court Opinion Summaries

Articles Posted in Native American Law
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This termination of parental rights case concerned the “active efforts” required under the Indian Child Welfare Act (“ICWA”) to provide remedial services and rehabilitative programs to assist a parent in completing a court-ordered treatment plan. A division of the Colorado court of appeals reversed a juvenile court’s judgment terminating Mother’s parent-child legal relationship with her two Native American children, holding that the Denver Department of Human Services (“DHS”) did not engage in the “active efforts” required under ICWA to assist Mother in completing her court-ordered treatment plan because it did not offer Mother job training or employment assistance, even though Mother struggled to maintain sobriety and disappeared for several months. The Colorado Supreme Court held that “active efforts” was a heightened standard requiring a greater degree of engagement by agencies, and agencies must provide a parent with remedial services and resources to complete all of the parent’s treatment plan objectives. The Court was satisfied the record supported the juvenile court’s determination that DHS engaged in active efforts to provide Mother with services and programs to attempt to rehabilitate her and reunited the family. The appellate court’s judgment was reversed and the matter remanded for that court to address Mother’s remaining appellate contentions. View "Colorado in interest of My.K.M. and Ma. K.M." on Justia Law