Parental rights case weighed
CARSON CITY-- The termination of parental rights in the case of an American Indian child was argued before the state Supreme Court Monday.
A lawyer for the Division of Child and Family Services told the state Supreme Court that parental rights should not be restored to a drug-using White Pine county woman whose daughter, now 4 years old, was taken from her at birth.
The girl's father, an American Indian, did not contest the termination of parental rights. However, an attorney for the mother, Dawn McNay, argued that Child and Family Services officials and White Pine County District Judge Steve Dobrescu had not followed the federal Existing Indian Family Doctrine, which outlines the procedure for courts to follow before placing American Indian children in the care of those who are not American Indians.
Deputy Attorney General Shannon Richards told justices that McNay missed half of her legally permitted visitations at the foster parent's home before her parental rights were terminated in 2007. She also failed to show up at doctor's appointments, Richards said.
She also said McNay subsequently gave birth to another child, her fifth, who also had symptoms of exposure to methamphetamine use by the mother.
Diana Buckner, chairwoman of the Ely Shoshone Tribe, testified at the termination hearing, but McNay's lawyer John Brown claimed she had never witnessed the mother and child together. Buckner also did not qualify as an expert on the socialization of children, he added.
As the result, Brown argued, the termination of parental rights should be overturned. Brown added that McNay stopped using drugs after the birth of her last child.
Richards contended there was more than enough evidence from the girl's case worker about McNay to terminate her rights. She also said the girl has "bonded" with her foster parents.
Chief Justice James Hardesty questioned aloud whether the termination should have been allowed if the Federal Indian Family Doctrine was not properly followed. Justice Michael Douglas also questioned how the lower court could just "blow by" the Indian family doctrine.
The court is not expected to make a decision for several months.
Contact reporter Ed Vogel at evogel@reviewjournal.com or 775-687-3900.
