What considerations should the State of South Dakota make in an Indian Child Welfare Act (ICWA) case?

Caseworkers in South Dakota must make several considerations when handling an ICWA case, including:

  1. Providing "active efforts" to the family
  2. Identifying a placement that fits under the ICWA preference provisions
  3. Notifying the child’s tribe and the child’s parents of the child custody proceeding
  4. Working actively to involve the child’s tribe and the child’s parents in the proceedings.
Brooke Swier Schloss
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Family Law and Estate Planning attorney helping families across South Dakota plan and protect their loved ones