In the Interest of D.G. & D.G.

Summary

The North Dakota Supreme Court remanded juvenile court judgments terminating a father's parental rights because the juvenile court did not make a threshold finding regarding whether the Indian Child Welfare Act applied. The court instructed the juvenile court to make that finding within 45 days, potentially receive additional evidence, and reassess the termination decision if required. The Supreme Court retained jurisdiction.

Holdings

1. A juvenile court must make a threshold inquiry and finding as to whether ICWA applies for each new petition in a termination-of-parental-rights proceeding.
2. The absence of findings concerning whether ICWA applied constituted a clearly erroneous mistake and required remand.
3. The juvenile court must determine, within no more than 45 days, whether ICWA applied based on the existing record, although it may receive additional evidence in its discretion if necessary; depending on that determination, it may or must reassess the termination decision.

Questions Presented

1. Whether the juvenile court was required to make a threshold inquiry and finding regarding whether the Indian Child Welfare Act applied to the new termination-of-parental-rights petitions.
2. Whether the absence of findings concerning ICWA applicability rendered the juvenile court's termination findings clearly erroneous and required remand.

Disposition

remanded