What guidance can be provided in this case study?

What should i be reading? How could I expand on this meeting its requirements?

1. Read and consider the Case Study of Victoria Download Case Study of Victoria.
2. Pretend you are the appellate judge and write 3,000-5,000 words addressing
   1. You would overturn the trial court order, why, and what you would order, making sure to identify all possible legal issues.

Case Study:

Victoria S. is 10 years old. When she was 8, the state of Michigama removed her from her mother's care. Victoria's father has not been in the picture since she was born, though his parents have tried to help Victoria when they can. They live in the neighboring state of Illiandia. Her mother, Marilyn R., suffers from a chemical dependency that makes it difficult for her to parent Victoria. The family has an extensive history with the State Department of Human Services (Agency), and the state's charges against mom are based on neglect issuesshe is not facing criminal abuse charges. Victoria and Marilyn are both citizens of the Black Lake Odawa Indian Nation (the Nation), a federally recognized tribe in Michigama. The Agency is aware of their citizenship and, in a rare moment of clarity, timely notifies the Nation when Victoria is removed. The Nation immediately moves to intervene, but does not transfer the case to tribal court, as the Nation is located 8 hours away from the county where Victoria and Marilyn live. The Nation's tribal attorney participates in the hearings by phone. When Victoria was removed, she was placed with a local foster family, who are not Native. All of the parties agreed to the placement to facilitate Victoria and Marilyn's reunification. However, the Agency does very little to facilitate parenting time, and makes no effort to connect Marilyn with the Black Lake Treatment Facility, claiming the tribal social workers never call them back. The Nation offers that there is a maternal great aunt and uncle who live on the reservation at Black Lake who would be happy to take Victoria, should she not be able to live with her mom. Under the Nation's code, matrilineal relatives are the preferred placement above all others, whether they are Native or non-native. Eventually Victoria's paternal grandparents, Fred and Sue, realize what has happened, and they hire an attorney to let the Agency know they would like to take Victoria as soon as possible. Given their history with Marilyn, they are doubtful reunification will be

Final Exam Case Study LSI 5693: The Indian Child Welfare Act & Family Law in Indian Country 2 successful. An attorney, not a guardian ad litem, represents Victoria and her stated preference is to go with her paternal grandparents, even though they live three hours from her mother. The Agency is concerned because Fred has a criminal record, and the grandparents have not completed a home study in Illiandia. The Agency does not engage in concurrent planning with Sue and Fred, stating that they are not licensed in either state, and that the preferred placement is with Victoria's aunt and uncle. However, the Agency also does not engage in concurrent planning with Victoria's aunt and uncle either. Though Marilyn tries to recover from her addiction, the lack of an overnight treatment facility, the Agency's insistence on clean UA's before any visitation, and the lack of culturally appropriate services does not help. The Agency moves to permanency and schedules a termination hearing. At the termination hearing, the judge hears evidence from a qualified expert witness (QEW) from Black Lake. The QEW, Susan Mamagona, states that while the Nation does not want Victoria to be returned to Marilyn, the Nation does not support termination of parental rights in any situation, and Victoria should be place with her maternal relatives in Black Lake, where they can introduce Victoria to a wide network of extended family, and connect her in a concrete way to her culture, which the Nation believes will help Victoria maintain her health and mental balance as she grows up. Victoria's social worker would also prefer her to be placed with her maternal aunt and uncle, as he believes it would be in Victoria's best interests to do so. The Nation points out that while they cannot support a termination of parental rights, a long-term juvenile guardianship would provide permanency and follow the requirements of ICWA. The trial court orders Marilyn's parental rights to be terminated and places Victoria with her aunt and uncle at Black Lake. The court does not make any findings regarding active efforts, and states that the QEW testimony was sufficient for him to terminate parental rights.