In Re TM

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding the notice provisions triggered where the respondent testified that although she was not a member of a tribe, she was of Native American heritage and believed she had Cherokee ancestry
• finding the notice provisions triggered where the respondent testified that although she was not a member of a tribe, she was of Native American heritage and believed she had Cherokee ancestry
• technical failure in method of notice “does not invalidate the proceedings if actual notice was achieved through a comparable method”
• termination supported where the respondent “failed to make any substantial effort to communicate with [the child] or obtain assistance in regaining custody of her for a period well beyond the statutory period”
• “If proper notice is provided and a tribe fails to either respond or intervene in the matter, the burden shifts to the parties (i.e., the parents) to show that the ICWA still applies.”
• “If proper notice is provided and a tribe fails to either respond or intervene in the matter, the burden shifts to the parties . . . to show that [the Indian Child Welfare Act] still applies.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

18 cases in this archive cite this case.

• In re Morris
  Michigan Supreme Court· 2012-05-04· cited 87×
• Mahaney v. Mahaney
  Washington Supreme Court· 2002-07-25· cited 60×
• In the Interest of R.E.K.F.
  Supreme Court of Iowa· 2005-06-10· cited 38×
• In the Interest of K.S., a Child
  Tex. App. Ct., 12th Dist. (Tyler)· 2014-08-21· cited 29×
• People ex rel. T.M.W.
  Colorado Court of Appeals· 2009-04-02· cited 24×
• In the Interest of D.C.
  Court of Appeals of Kansas· 2004-07-09· cited 13×
• People v. Amos
  Appellate Court of Illinois· 2008-02-15· cited 7×
• In re Morris
  Michigan Court of Appeals· 2013-03-21· cited 5×
• In Re TA
  Appellate Court of Illinois· 2008-02-15· cited 4×
• In Re Mahaney
  Washington Supreme Court· 2002-07-25· cited 4×
• Raena R. v. State
  Nevada Supreme Court· 2012-01-26· cited 4×
• In Re REKF
  Supreme Court of Iowa· 2005-06-10· cited 3×
• In Re Smmd
  Nevada Supreme Court· 2012-01-26· cited 2×
• Fred Lavery Co. v. Nissan North America, Inc.
  Sixth Circuit· 2004-05-04· cited 2×
• in Re J L Gordon Minor
  Michigan Supreme Court· 2012-05-04
• In the Matter of Kentavious M. (d.o.b. 03/29/2007), A Minor Child Under Eighteen (18) years of age
  Court of Appeals of Tennessee· 2010-12-14
• In Re DC
  Court of Appeals of Kansas· 2004-07-09
• People Ex Rel. Tmw
  Colorado Court of Appeals· 2009-04-02

Cites

11 cases in this archive are cited by this case.

• In Re Trejo Minors
  Michigan Supreme Court· 2000-07-05· cited 668×
• In Re Sours
  Michigan Supreme Court· 1999-05-25· cited 74×
• In Re Elliott
  Michigan Court of Appeals· 1996-09-27· cited 44×
• In Re IEM
  Michigan Court of Appeals· 1999-03-23· cited 35×
• In Re the Welfare of M.S.S.
  Court of Appeals of Washington· 1997-05-02· cited 29×
• Department of Social & Health Services v. Priscilla S.
  Court of Appeals of Washington· 1998-10-12· cited 25×
• McCormick v. McCormick
  Michigan Court of Appeals· 1997-04-29· cited 13×
• In Re Shawboose
  Michigan Court of Appeals· 1989-01-06· cited 9×
• People Ex Rel. Dss in Interest of Ch
  South Dakota Supreme Court· 1993-12-22· cited 8×
• Matter of BJE
  South Dakota Supreme Court· 1988-04-27· cited 2×
• Matter of LAM
  Alaska Supreme Court· 1986-11-14· cited 1×