No. 19-7659

Ashley Rios, et vir v. West Virginia Department of Health and Human Resources

Lower Court: West Virginia
Docketed: 2020-02-14
Status: Denied
Type: IFP
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
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 CooperBlackwater Law PLLC, Petitioner
Jeremy Benjamin CooperBlackwater Law PLLC, Petitioner
West Virginia Department of Health and Human Resources
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent