Respondent appealed trial court finding of abuse and neglect arguing that the notice and verification provisions of the Indian Child Welfare Act were implicated and that the trial court erred in its finding where there was no corroboration of statements by two minors. The appellate court affirmed, finding that a brief reference to unsubstantiated Indian heritage was not sufficient to implicate the provisions of the ICWA and that the trial court did not err in failing to make a determination on the applicability of the Act. The appellate court further found that the minors’ statements provided sufficient corroboration for each other and that the trial court’s findings were not against the manifest weight of the evidence. (FITZGERALD SMITH and LAVIN, concurring)
Illinois Appellate Court
Civil Court
Abuse and Neglect