Tuesday, May 14, 2019

Arizona Court of Appeals remands Navajo case for new hearing.

         On 4 / 18 / 2019 Arizona court of Appeals ( Honorable Arthur T. Anderson ) vacated and remanded for a new hearing concerning a Navajo minor and guardianship.25 U.S.C. §§ 1901-1963 (2018) ICWA  states that a American Indian minor shall be placed with another tribal member if removed from his / her home due to neglect or abuse. To preserve the minors Tribal culture and values.
        Whiteflutee Y. had her Minor removed from her home due to alleged drug abuse and neglect. And also due to the fact that Whiteflutee Y. had become impaired by a illegal substance and threatened to kill her male companion at her home. Then Whiteflutee Y. proceeded to barricade herself in her home where she was later arrested for Assault with a deadly weapon.
       25 U.S.C. §§ 1901-1963 (2018) also states that expert testimony must be provided for the benefit of the minor prior to being placed in another home of that Tribe. And in this case no expert testimony was provided so it will basically find itself returning to a court room.
   
          

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