In re D.E.

The Supreme Court reversed the judgment of the district court terminating Mother’s parental rights to her two children, holding that the court erred in proceeding with termination of parental rights in the absence of a conclusive tribal determination regarding each child’s status as an Indian child defined by the Indian Child Welfare Act (ICWA). The Supreme Court reversed and remanded for a threshold determination of whether the two children were Indian children based on a conclusive tribal determination of tribal membership and eligibility in the Blackfeet Tribe. The Court noted that the district court may re-enter judgment against Mother on the merits of its prior findings of fact and conclusions of law if it found and concluded on a conclusive tribal determination that the two children are not Indian children. View "In re D.E." on Justia Law