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ICWA and Adoption Law Part 2 (Involuntary Termination)

By Russell W. Hall III on September 14, 2012

In addition to following South Carolina Termination of Parental Right Statutes under Section 63-7-2570 of the South Carolina Code of Laws, as amended, or the Notification Statute under Section 63-9-730 of the South Carolina Code of Laws, as amended to terminate an Indian parent’s rights, the petitioners must follow the requirements of the ICWA.

Specifically, the petitioners must “satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful.” 25 U.S.C. Section 1912(d).

And,

No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, 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.

25 U.S.C Section 1912(f).

I have never helped a family adopt an Indian child. Without good cause shown, I probably never will. Cumbersome and uncertain is all I can say.

  • Posted in:
    Family & Divorce
  • Blog:
    South Carolina Adoption Law Blog
  • Organization:
    The Law Office of Russell W. Hall III
  • Article: View Original Source

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