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State of North Dakota v. A.C., Child; L.C., Mother, and A.L., Father
Date: 06-08-2022
Case Number: 20220081
Judge:
Jon J. Jensen
Stephanie R. Hayden
Court:
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
On appeal from The District Court of Cass County, East Central Judicial District
Plaintiff's Attorney: Diane K. Davies-Luger, Assistant State’s Attorney
Defendant's Attorney:
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of ICWA and North Dakota heightened review for Indian families we are
unable to determine the remaining issues raised by A.L. Whether Cass County
engaged in active efforts to prevent the breakup of an Indian family and
whether the State failed to prove beyond a reasonable doubt that continued
custody of A.C. by A.L. would likely result in serious harm to A.C. are both
dependent upon whether the heightened ICWA and State standards apply to
this case. We retain jurisdiction and remand this case for clarification of the
findings and, if necessary, additional evidentiary proceedings to resolve the
inconsistencies
About This Case
What was the outcome of State of North Dakota v. A.C., Child; L.C., Mother, and A...?
The outcome was: Without consistent and clear factual findings supporting the application of ICWA and North Dakota heightened review for Indian families we are unable to determine the remaining issues raised by A.L. Whether Cass County engaged in active efforts to prevent the breakup of an Indian family and whether the State failed to prove beyond a reasonable doubt that continued custody of A.C. by A.L. would likely result in serious harm to A.C. are both dependent upon whether the heightened ICWA and State standards apply to this case. We retain jurisdiction and remand this case for clarification of the findings and, if necessary, additional evidentiary proceedings to resolve the inconsistencies
Which court heard State of North Dakota v. A.C., Child; L.C., Mother, and A...?
This case was heard in <center><h4><b> IN THE SUPREME COURT STATE OF NORTH DAKOTA </b> <br> <br> <font color="green"><i>On appeal from The District Court of Cass County, East Central Judicial District </i></font></center></h4>, ND. The presiding judge was <center><h1>Jon J. Jensen </h1></center></center> <BR> <center><h4> Stephanie R. Hayden </h4> </center>.
Who were the attorneys in State of North Dakota v. A.C., Child; L.C., Mother, and A...?
Plaintiff's attorney: Diane K. Davies-Luger, Assistant State’s Attorney. Defendant's attorney: Click Here to Watch How To Find A Lawyer by Kent Morlan Click Here For The Best Bismarck, ND Parental Rights Lawyer Directory Tell MoreLaw About Your Litigation Successes and MoreLaw Will Tell the World. Re: MoreLaw National Jury Verdict and Settlement Counselor: MoreLaw collects and publishes civil and criminal litigation information from the state and federal courts nationwide. Publication is free and access to the information is free to the public. MoreLaw will publish litigation reports submitted by you free of charge Info@MoreLaw.com - 855-853-4800.
When was State of North Dakota v. A.C., Child; L.C., Mother, and A... decided?
This case was decided on June 8, 2022.