Here is the opinion in In the Matter of Esther V.
An excerpt:
In this case, the district court entered an order finding that Marlene C. (Mother)neglected her month-old baby (Child) and gave legal custody to the Children, Youth andFamilies Department (CYFD). Mother appealed, arguing that the district court failed tomake the factual findings required by § 1912(d) and (e) of ICWA at the adjudicatoryhearing. State ex rel. Children, Youth & Families Dep’t v. Marlene C., 2009-NMCA-058,¶¶ 1, 10, 14, 146 N.M. 588, 212 P.3d 1142. The Court of Appeals reversed the adjudicationof neglect, holding that CYFD failed to prove the § 1912(e) requirement by clear andconvincing evidence as required by the statute. Id. ¶¶ 18, 20. The Court of Appeals did notdecide whether the findings required by § 1912(d) and (e) must always be made at theadjudicatory hearing. See id. ¶ 14. We hold that, in a contested adjudication to which ICWAapplies, the district court must always make the findings of fact required under § 1912(d) and(e) of ICWA at the adjudication stage, founded either on evidence of record or admissions supported by a factual basis. We therefore reverse the district court’s adjudication of neglectand remand to that court for further hearing.
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