In re P.T.D.

The Supreme Court affirmed the order of the district court terminating the parental rights of A.M., the putative father of P.T.D., holding that the district court was not required to comply with the requirements of the Indian Child Welfare Act (ICWA) when terminating A.M.’s parental rights. After P.T.D. was removed from Mother’s custody, the Department of Public Health and Human Services, Child and Family Services Division identified P.T.D. as an Indian child subject to the ICWA. See 25 U.S.C. 1912. Later, the Department filed a petition to terminate A.M.’s parental rights as P.T.D.’s putative father. By that time, P.T.D. had been in foster care for nearly two years, and A.M. had no meaningful contact with P.T.D., nor had he established a relationship with the child. The district court determined that termination of A.M.’s parental rights was in P.T.D.’s best interest. The Supreme Court affirmed, holding that the requirements of ICWA were inapplicable to the facts of this case and that the district court’s decision to terminate A.M.’s parental rights was not clearly erroneous. View "In re P.T.D." on Justia Law