Payton S. v. Dept. of Health & Social Services

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The Office of Children’s Services (OCS) took custody of two young girls because of their parents’ substance abuse and neglect. OCS took custody of the parents’ son shortly after his birth for the same reasons. The trial court terminated the parents’ rights to all three children, who were Indian children as defined by the Indian Child Welfare Act (ICWA). The parents appealed, arguing that the trial court violated due process when it entered an adjudication and disposition order on the basis of OCS’s offer of proof before the parents had received proper notice or been appointed counsel. They also argued that the trial court erred at the termination trial when it found that: (1) the children were in need of aid; (2) the parents failed to timely remedy the conduct or conditions that placed the children at risk of harm; (3) OCS’s expert witnesses qualified as experts for purposes of ICWA; (4) the parents’ continued custody of the children would likely result in serious emotional or physical harm to the children; and (5) termination of parental rights was in the children’s best interests. The Supreme Court affirmed, concluding that the lack of proper notice at the adjudication and disposition stage did not affect the outcome of this proceeding (and therefore did not deprive the parents of due process) and that the trial court’s decision at the termination stage was supported by the evidence. View "Payton S. v. Dept. of Health & Social Services" on Justia Law