No. 19-7659
Ashley Rios, et vir v. West Virginia Department of Health and Human Resources
Response WaivedIFP
Tags: abuse-neglect abuse-or-neglect child-custody due-process expert-witness foster-placement indian-child-welfare-act knowing-waiver parental-rights qualified-expert-witness statutory-interpretation waiver
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2020-03-06
Question Presented (AI Summary)
May a court deny a petition to invalidate a foster placement proceeding under the Indian Child Welfare Act when no qualified expert witness testified, if the parent admits to abuse/neglect?
Question Presented (OCR Extract)
QUESTIONS PRESENTED In a case involving the Indian Child Welfare Act (“ICWA”), 25 U.S.C. §§ 1901 — 1923 (1978), may a court deny a petition to invalidate the proceeding when a foster placement was ordered without the testimony of any qualified expert witness pursuant to § 1912(e), simply because the parent of the Indian Child admits to an underlying act of abuse or neglect in the absence of a knowing waiver? ii
Docket Entries
2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-18
Waiver of right of respondent West Virginia Department of Health and Human Resources to respond filed.
2020-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2020)
Attorneys
Ashley Rios, et al.
Jeremy Benjamin Cooper — Blackwater Law PLLC, Petitioner
Jeremy Benjamin Cooper — Blackwater Law PLLC, Petitioner
West Virginia Department of Health and Human Resources
Lindsay Sara See — Office of the West Virginia Attorney General, Respondent
Lindsay Sara See — Office of the West Virginia Attorney General, Respondent