Appellant is the father of ARW, born in 2002. Appellees, DLP and MLP (Adoptive Couple), have been

Question:

Appellant is the father of ARW, born in 2002. Appellees, DLP and MLP (Adoptive Couple), have been involved in ARW's life since she was three weeks old, when ARW's biological mother began living in Appellees' home. After Appellant and ARW's mother divorced in 2004, Appellees exercised mother's visitation with ARW under mother's shared custody arrangement with Appellant. Both Appellant and ARW's mother executed powers of attorney providing that Appellees could have physical custody of ARW. In August 2012, ARW's mother, who has had very little involvement in ARW's life, consented to termination of her parental rights and to adoption by Appellees. During ARW's lifetime, Appellant was incarcerated several times for drug-related offenses. Due to his incarceration, he did not have contact with ARW until she was approximately nine months old. On multiple occasions, Appellant or his adult children requested that Appellees retrieve ARW from Appellant's home because Appellant was too intoxicated to care for ARW. Appellant consumed alcohol to the point of inebriation almost every day. On two occasions, the Department of Family Services contacted Appellees to take care of ARW due to the condition of Appellant's home. ARW knew what a marijuana pipe was and had learned how to mix Appellant's drinks by the time she was five years old. On March 8, 2012, the mother of one of ARW's friends reported to the police that her daughter had been sexually assaulted by Appellant. ... He was subsequently charged with two counts of sexual abuse of ARW's friend. On July 26, 2012, Appellees were appointed permanent guardians for ARW without Appellant's consent. Appellees enrolled ARW in counseling, and the counselor recommended that Appellant have no contact with ARW. On February 8, 2013, Appellant pled guilty to two counts of sexual abuse of a minor stemming from his contact with ARW's friend. He was sentenced to serve concurrent terms of four to seven years on each count.....

Questions:

1. What was the relationship of the birth mother to ARW at the time the proceeding was brought against the father?
2. Why did the father assert that the ICWA was applicable in this case?
3. If the Act had been applicable, what would the court have been required to do?
4. Explain why the court concluded that the ICWA was not applicable in the present case.

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Family Law For Paralegals

ISBN: 9780735563827

7th Edition

Authors: J. Shoshanna Ehrlich

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