| H. Burden of Proof/Necessary Findings |
| 25 U.S.C. § 1912(d) |
Before
placing an Indian child in foster care or terminating parental rights,
the
party seeking the placement or termination must satisfy the court that
active
efforts were made to provide remedial services and rehabilitative
programs designed
to prevent the breakup of the Indian family and those efforts have
proved to be
unsuccessful.
|
| People
In Interest of R.L., 961 P.2d 606 ( |
| 25 U.S.C. § 1912(e) |
The
court may
not order foster care placement without determining that the continued
custody
of the child by the parent or Indian custodian is likely to result in
serious
emotional or physical damage to the child. The
order must be supported by clear and
convincing evidence, and the testimony of a qualified expert witness.
|
| Guidelines
for State Courts: Indian Child Custody Proceedings, 44 Fed. |
Evidence
that
shows only the existence of community or family poverty, crowded or
inadequate
housing, alcohol abuse or nonconforming social behavior does not
constitute
clear and convincing evidence the continued custody is likely to result
in
serious emotional or physical damage to the child.
|
| 25 U.S.C. § 1912(f) |
Before
entering an order terminating parental rights, the court must determine
that
the continued custody of the child by the parent or Indian custodian is
likely
to result in serious emotional or physical damage to the child. The order must be supported
by evidence
beyond a reasonable doubt, and the testimony of a qualified expert
witness.
|
| People
in Interest of L.O.L., 197 P.3d 291 ( |
The
higher
burden of proof to place a child in foster care and to terminate
parental
rights apply only if the court has found the child to be an Indian
child.
|