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Appeals panel considers whether ICWA concerns justify late appeal by mother
Summary
Counsel for a mother sought leave to file a late notice of appeal on the basis that an unaddressed ICWA inquiry and other extraordinary circumstances justified reconsideration; the Department of Children and Families and the child's counsel argued the record and appended materials did not show a meritorious ICWA claim. The court reserved decision.
The panel considered an appeal in which a mother sought leave to file a late notice of appeal and argued that the single‑justice improperly denied reconsideration because she had a meritorious claim under the Indian Child Welfare Act (ICWA) and extraordinary circumstances justified lateness.
Mother’s counsel, Catherine Foster, said the mother…
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