In re K.L.
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The Supreme Court reversed the order of the district court terminating Father's parental rights to Child, holding that the record did not support that the Department of Public Health and Human Services, Child and Family Services Division (Department) engaged in active efforts to provide Father with remedial services and rehabilitative programs to prevent the breakup of Child's family, as required by 25 U.S.C. 1912(d).
Child in this case was an Indian child, thus requiring that the Indian Child Welfare Act (ICWA) apply to the proceedings. After a termination hearing, the district court concluded the Department had made active efforts as required by ICWA, Father was not able safely to parent Child, and it was in Child's best interest to terminate Father's parental rights. The Supreme Court reversed, holding that the Department failed to provide Father with active efforts throughout the custody proceedings as required by ICWA.
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