· 12/28/2016
Rocktaschel v. Commonwealth
Citations
- 152 A.3d 984
- 638 Pa. 55
- 2016 WL 7449364
- 2016 Pa. LEXIS 2914
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding no plain error for superior court failing to sua sponte extend deadline for response to summary judgment motion when non-movant was adequately represented by counsel and did not request extension or argue how he would have used extension
- holding issues not raised below reviewed only for \plain error\
- noting section 1912 termination provisions are applicable even where parent never had physical custody but whose custodial rights had not been terminated
- reversing the termination of parental rights to an Indian child because, inter alia, the trial court failed to make findings as to whether active efforts had been made to prevent the breakup of the Indian family
- \continued custody\ under 25 U.S.C. § 1912(f) (2001) refers to legal custody as well as physical custody
- “[W]e hold that ICWA applies to termination proceedings when a party other than the state seeks the termination.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.