Claymore v. Serr’s Empirical Analysis
1987
Citation profile
22 state decisions
How this case has been cited
Cited by 23 later decisions — most recently September 2020
22 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 25 U.S.C. § 1901 (§ 2 of the Indian Child Welfare Act of 1978) · 25 U.S.C. § 1902 (§ 3 of the Indian Child Welfare Act of 1978) · 25 U.S.C. § 1903 (§ 4 of the Indian Child Welfare Act of 1978) · 25 U.S.C. § 1911 (§ 101 of the Indian Child Welfare Act of 1978) · 25 U.S.C. § 1912 (§ 102 of the Indian Child Welfare Act of 1978)
Relies on In Re the Adoption of Baby Boy L. · Brown v. Warner · 43 Wash. App. 622 - In Re SBR · LeRoux v. Edmundson · In Re Adoption of Christofferson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To constitute abandonment under our code it must appear by clear and convincing evidence that there has been by the parents a giving-up or total desertion of the minor child. In other words, there must be shown an absolute relinquishment of the custody and control of the minor and thus the laying aside by the parents of all care for it. There must be a showing of an intent on the part of the parent to abandon and to relinquish parental obligations; this intention may be inferred from conduct.”
1 later decision quote this exact passagee.g. Meldrum v. Novotny“it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture[.]”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.