Interest of B.V. and B.V.

Citations

• 2025 ND 28

Syllabus

The Indian Child Welfare Act (\ICWA\) has no exception for incarceration and neither incarceration nor doubtful prospects for rehabilitation will relieve a Human Service Zone of its duty under ICWA to make active efforts. The circumstances surrounding a parent's incarceration may have a direct bearing on what active efforts are possible. The juvenile court may consider a Human Service Zone's involvement in its entirety in evaluating active efforts rather than focusing on efforts directed at each parent individually. ICWA does not clarify the scope of the expert testimony required, nor does it require that the expert testimony provide the sole basis for the juvenile court's conclusion.