## Facts

- Nicole B. and Max B., Native American siblings, were reported neglected: they were dirty, hungry, poorly supervised, and had unmet medical and developmental needs.
- Their mother, Wendy B., a Yankton Sioux Tribe member, had significant substance-abuse problems.
- The children were adjudicated Children in Need of Assistance (CINA) and removed from Wendy’s home.
- The juvenile court placed the children with their paternal aunt as a relative foster placement, ordered reunification services, and permitted supervised visitation.
- Over roughly 14 months and multiple review hearings, the Department repeatedly reported Wendy’s lack of progress, including missed or positive drug screens and failure to complete treatment.
- The juvenile court granted Wendy an additional extension but, after continued noncompliance, closed the CINA case and awarded the aunt full care, custody, and guardianship, with supervised parental visitation.
- Because Max was a registered tribal member and Nicole was eligible for membership, the Indian Child Welfare Act (ICWA) applied, including ICWA’s “active efforts” requirement.

## Issues

1. Whether the father was a proper party in the appellate proceedings such that the court could reach the merits.
2. Whether ICWA’s “active efforts” requirement (25 U.S.C. § 1912(d)) is essentially the same as Maryland’s statutory “reasonable efforts” requirement to preserve and reunify families.
3. Whether the Department in fact made ICWA-compliant “active efforts” to provide remedial services and rehabilitative programs designed to prevent breakup of the Indian family, and whether those efforts proved unsuccessful.

## Decision

- The court held the father was a proper appellant-respondent, permitting review on the merits.
- The court affirmed the juvenile court’s order closing the CINA case and granting the paternal aunt full care, custody, and guardianship with supervised parental visitation.
- The court held the Department satisfied ICWA by making “active efforts” to prevent breakup of the Indian family and that those efforts were unsuccessful.
- On these facts, the court concluded the services provided also met Maryland’s “reasonable efforts” reunification requirement.

## Legal Principles

- Under 25 U.S.C. § 1912(d), a foster-care placement of an Indian child requires proof that active efforts were made to provide remedial services and rehabilitative programs to prevent breakup of the Indian family and that the efforts proved unsuccessful.
- “Active efforts” may require more affirmative and intensive agency conduct than a generalized “reasonable efforts” standard, but a court evaluates compliance by examining the nature, persistence, and fit of services to the family’s problems.
- Where an agency provides sustained, concrete reunification services (including substance-abuse evaluation, treatment referrals, frequent drug testing, parenting-related services, and ongoing case management) and the parent fails to engage or improve, ICWA’s active-efforts requirement may be satisfied.
- Appellate review gives substantial weight to juvenile-court factual findings on the adequacy of services and the parent’s lack of progress in CINA/ICWA proceedings.

## Conclusion

The court upheld a permanent relative guardianship and closure of a CINA case, holding that ICWA applied and that the Department met ICWA’s “active efforts” requirement through extensive reunification services that failed due to the mother’s continued substance abuse and noncompliance.


In re Nicole B., 976 A.2d 1039 (Md. 2009)