In re Roman A.
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The Supreme Court affirmed the decree of the family court terminating Mother's parental rights to her child, holding that the family court did not err when it terminated the rights of Mother, the non-Indian mother of an Indian child who was born suffering from severe medical issues.
The trial court terminated Mother's rights after applying the Indian Child Welfare Act (ICWA), finding that the Department of Children, Youth, and Families (DCYF) had met the burden under the ICWA of engaging in active efforts to reunify the child with Mother, and concluding that the child would face serious emotional and physical harm if Mother was given custody of the child. The Supreme Court affirmed, holding that the trial justice did not err when she found that DCYF engaged in "active efforts" to reunify the child with mother as required by the ICWA in section 1912(d).
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