This section contains the nature of the case and procedural background.

The Division of Family and Youth Services (DFYS) removed the three boys from F's care on January 25, 1996, due to reports that F was sexually abusing all three boys. F was charged with eight counts of engaging in acts of sexual contact and sexual penetration, including fellatio, digital anal penetration, and penile-anal penetration. A jury convicted F of four counts of first-degree sexual abuse of a minor and one count of second-degree sexual abuse of a minor, counts which involved all three boys. F got 15 years. As a condition of parole, F was ordered not to have contact, direct or indirect, with his sons or his own sisters, or their families, without prior written approval of the parole officer. Jack was also ordered not to have contact with any minor children under the age of sixteen without the approval of the parole officer. The mother was an alcoholic and abandoned the boys. Her rights were terminated on August 24, 1999. DFYS petitioned for termination of F's parental rights as to all three boys. The superior court found, beyond a reasonable doubt, that termination of parental rights was appropriate. It also found that the state failed to offer any type of active remedial or rehabilitative services to F as required by the Indian Child Welfare Act (ICWA). F rejected the proposed case plan because it required him to admit to the sexual abuse of his sons and because it required him to cease his criminal appeals. It was determined that the state's case plan satisfied ICWA's remedial measures requirement. F’s rights were terminated, and F appealed.

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