Dept. of Human Services v. M.D.

When an Indian child is involved, DHS must show that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that those efforts have proven unsuccessful.

Mother appealed the juvenile court’s determination that the Department of Human Services (DHS) made active efforts under the Indian Child Welfare Act (ICWA) to address mother’s mental health issues and make it possible to return the child home. While pregnant, Mother was diagnosed with multiple mental health disorders. On the day the child was born, Mother was placed on a psychological hold and the next day the child was removed and placed in foster care by DHS. Over a five-month span, DHS made multiple visits, referred Mother to numerous doctors for mental health treatment and supervised visits with the child and the Mother. DHS also provided Mother with vouchers to offset travel expenses. At the hearing, the juvenile court found DHS had made active efforts, which proved unsuccessful. Mother appealed this judgment. The Court found that the record was legally sufficient to support the juvenile court’s determination that DHS made active efforts. Affirmed.