Here is the unpublished opinion in In re Toia. An excerpt:
Under the circumstances, and because we conclude that the trial court properly terminated respondents’ parental rights under Michigan law, we conditionally affirm the trial court’s termination order, but remand for further proceedings to ensure compliance with the ICWA notice provisions and a determination whether the ICWA applies, consistent with the procedure prescribed in In re IEM, supra at 450. If the trial court determines that appropriate notice was provided and that the ICWA does not apply, the termination orders may stand. However, if the trial court determines that the ICWA does apply, the trial court shall conduct such further proceedings as are consistent with the act.
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