[New post] Washington Court of Appeals on Standard of Proof at Initial Removal

Kate Fort posted: " 827995 orderandopinion We also conclude that when the Department has reason to believe that a child is an Indian child under ICWA and WICWA, the heightened removal standard in those statutes applies to ex parte pick-up order requests. Because the" Turtle Talk Washington Court of Appeals on Standard of Proof at Initial Removal Kate Fort Sep 2 827995 orderandopinion We also conclude that when the Department has reason to believe that a child is an Indian child under ICWA and WICWA, the heightened removal standard in those statutes applies to ex parte pick-up order requests. Because the Department had reason to know A.W. is an Indian child--information not shared with the trial court--and the trial court appliced an incorrect legal standard in assessing the Department's evidence at that stage of the proceeding, the trial court erred in not vacating the pick up order. Like Unsubscribe to no longer receive posts from Turtle Talk. Change your email settings at manage subscriptions. Trouble clicking? Copy and paste this URL into your browser: http://turtletalk.blog/2022/09/02/washington-court-of-appeals-on-standard-of-proof-at-initial-removal/ Powered by WordPress.com