K. R. C. v. Three Affiliated Tribes

How courts have described this case

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

• rejecting the parties’ argument that “good cause” to depart from the Indian Child Welfare Act (ICWA) placement preferences is a matter of judicial discretion
• disagreeing in a footnote with a “passing” argument advocating clear and convincing evidence standard, noting that under Oregon law, a preponderance of the evidence standard applies to permanency hearings
• “[W]e would decline to exercise our discretion to review de novo, particu- larly where, as here, the trial court issued extensive factual findings, ORAP 5.40(8)(d)(i), and its decision comports with those findings, ORAP 5.40(8)(d)(ii).”
• “[W]e would decline to exercise our discretion to review de novo, particu- larly where, as here, the trial court issued extensive factual findings, ORAP 5.40(8)(d)(i), and its decision comports with those findings, ORAP 5.40(8)(d)(ii).”

Source: CourtListener parenthetical corpus (CC0).

Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

• State v. B. B.
  Court of Appeals of Oregon· 2010-12-29· cited 77×
• State v. D. R.
  Court of Appeals of Oregon· 2010-12-15· cited 38×
• Los Angeles County Department of Children & Family Services v. J.E.
  California Court of Appeal· 2014-08-15· cited 35×
• Department of Human Services v. J. G.
  Court of Appeals of Oregon· 2014-01-02· cited 26×
• Tyrus H. Thompson and Ja'Ree C. Thompson v. Fairfax County Department of Family Services
  Court of Appeals of Virginia· 2013-09-10· cited 16×
• In re the Custody of M. T.
  Court of Appeals of Oregon· 2010-09-01· cited 16×
• Gila River Indian Community v. Department of Child Safety
  Court of Appeals of Arizona· 2015-12-08· cited 13×
• Dept. of Human Services v. R. F.
  Court of Appeals of Oregon· 2023-09-27· cited 6×
• People ex rel. South Dakota Department of Social Services
  South Dakota Supreme Court· 2011-03-02· cited 5×
• State v. M.J.
  Court of Appeals of Oregon· 2011-09-21· cited 4×
• Sea River Properties, LLC v. Parks
  Court of Appeals of Oregon· 2012-12-05· cited 3×
• Department of Human Services v. K. A. H.
  Umatilla County Circuit Court, Oregon· 2016-05-11· cited 3×
• Department of Human Services v. J. B.
  Court of Appeals of Oregon· 2012-02-08· cited 1×
• Long and Leduc
  Court of Appeals of Oregon· 2010-10-13· cited 1×
• State ex rel. Children, Youth & Families Dep't v. Casey J.
  New Mexico Court of Appeals· 2015-06-22· cited 1×
• Dept. of Human Services v. R. O.
  Court of Appeals of Oregon· 2022-01-05· cited 1×
• Matter of D.W.
  South Dakota Supreme Court· 2011-03-02
• Nancy J. Martin, as Guardian ad litem v. Fairfax County Department of Family Services
  Court of Appeals of Virginia· 2013-09-10
• Minh-Sang Nguyen v. Fairfax County Department of Family Services
  Court of Appeals of Virginia· 2013-09-10
• Jasmine Vanderplas v. Fairfax County Department of Family Services
  Court of Appeals of Virginia· 2013-09-10

Cites

15 cases in this archive are cited by this case.

• Mississippi Band of Choctaw Indians v. Holyfield
  Supreme Court· 1989-04-03· cited 1,403×
• State v. Rogers
  Oregon Supreme Court· 2000-05-04· cited 302×
• State v. Johnson
  Oregon Supreme Court· 2005-08-04· cited 87×
• State Ex Rel. Juvenile Department v. Charles
  Court of Appeals of Oregon· 1984-12-18· cited 81×
• In Re the Adoption of F.H.
  Alaska Supreme Court· 1993-05-14· cited 63×
• In Re the Custody of S.E.G.
  Supreme Court of Minnesota· 1994-08-31· cited 40×
• Matter of Baby Boy Doe
  Idaho Supreme Court· 1995-08-25· cited 39×
• Matter of Adoption of M.
  Court of Appeals of Washington· 1992-07-16· cited 36×
• State Ex Rel. State Office for Services to Children & Families v. Frazier
  Court of Appeals of Oregon· 1998-02-25· cited 36×
• In re C.H.
  Montana Supreme Court· 2000-03-16· cited 32×
• In Re CH
  Montana Supreme Court· 2000-03-16· cited 23×
• Marvin Wood Products v. Callow
  Court of Appeals of Oregon· 2000-11-22· cited 19×
• State Ex Rel. State Office for Services to Children & Families v. Lucas
  Court of Appeals of Oregon· 2001-10-17· cited 17×
• P AND P v. Children's Services Division
  Court of Appeals of Oregon· 1983-12-07· cited 13×
• G. I. Joe's, Inc. v. Nizam
  Court of Appeals of Oregon· 2002-07-31· cited 5×