Iowa Court of Appeals Decides ICWA Notice Case

Here is the opinion in In re L.B.-A.D.

An excerpt:

Under the circumstances presented, we find the State has proved by clear and convincing evidence grounds for termination under section 232.116(1)(h). Additionally, we find no error in the juvenile court’s determination that termination of the mother’s parental rights was in the best interests of the children. However, because we determine the court erred in failing to give proper notice to the tribes in which the children could be determined to be “Indian children,” we remand the matter to the juvenile court, which shall give notice of the termination proceedings to the appropriate Indian tribes. See R.E.K.F., 698 N.W.2d at 150. If the tribes fail to respond within the appropriate timeframe or reply and determine the children are not eligible for tribal membership, the juvenile court’s original order of termination will stand. If a tribe responds and intervenes, reversal of the termination and further proceedings consistent with the requirements of the Iowa ICWA will be necessary. We therefore affirm the juvenile court‟s termination ruling on this condition. We do not retain jurisdiction.