The case is In re M.B.
An excerpt:
The district court found that the Cherokee Nation had the opportunity to participate in all court proceedings once the court received notice of the children’s Indian heritage, and that any possible error in giving notice to the Cherokee Nation had been remedied with the intervention of the tribe. The Cherokee Nation was certainly aware that it could have petitioned the district court to invalidate the termination of parental rights. See 25 U.S.C. § 1914. However, the Cherokee Nation did not request the district court to do so. Furthermore, the Cherokee Nation has not challenged any of the district court’s rulings by participating in this appeal.
The district court ultimately concluded that the ICWA applied to the case, but that the Act applied only prospectively and not retroactively before the court received notice of the children’s Indian heritage. We do not adopt this analysis. The ICWA either applies to a case or it does not apply. Here, the ICWA is applicable because this case is a child custody proceeding involving Indian children, as these terms are broadly defined in the Act. However, we agree with the district court that any possible error in giving notice to the Cherokee Nation was remedied by the court’s subsequent action and the intervention of the tribe.
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