In the Welfare of Four Indian Minors

9 NICS App. 105 (2010)

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In the Welfare of Four Indian Minors

Puyallup Tribal Children’s Court of Appeals
9 NICS App. 105 (2010)

Facts

The Puyallup tribe (plaintiff) filed dependency matters concerning L.S. and her four siblings (the children). The Puyallup Tribal Children’s Court held a dispositional hearing and found probable cause to believe that the children’s mother (defendant) was neglecting them and that they had been abused or were at risk of being abused. The court removed the children from their home and entered a dispositional order setting forth the benchmarks that the mother was required to meet for the court to close the matters, including the requirement to remain clean and sober at all times. As the months passed, the mother missed three appointments for urine analysis to detect whether she had used drugs or alcohol. The court allowed the children to return home while keeping them under the court’s supervision. The court held a fourth review hearing and entered its findings and orders, including that the mother was in compliance with the dispositional order because, among other things, she did not have a positive urine analysis. The court dismissed the dependency matters. The tribe appealed, arguing, among other things, that the court’s finding that the mother was in compliance with the dispositional order because she did not have a positive urine analysis was against the clear weight of the evidence.

Rule of Law

Issue

Holding and Reasoning (Doucet, C.J.)

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