In re King/Little, here.
From the opinion:
Petitioner responds to this issue by stating that, after respondent signed the form indicating that the children were eligible for membership in the Cherokee Tribe, it did comply with the requirements of the ICWA by sending the proper notice to both the Cherokee Boys Club and the Cherokee Nation. Petitioner contends it received responses from both organizations indicating that the children were not considered “Indian” in the Cherokee Nation and were not eligible for membership. Petitioner further contends that all the proper paperwork is on file at the Office of the Prosecuting Attorney and the Department of Human Services and invites this Court to view the failure to place this information on the trial court record as harmless error. However, we may not expand the record on appeal. MCR 7.210(A)(1).
Cherokee Boys Club?!? After all these years, how many different ways can DHS mess up notice and still defend their practice? There are only three federally recognized Cherokee tribes, and not one of them is the Cherokee Boys Club.
Turtle Talk 
Is this really surprising, at all, given the controversial, varied, and chargeable eligibility requirements for the 3 fed. rec. Cherokee tribes? Not to mention state rec. or totally unrec. as well? I study indian law and have trouble keeping up myself
*changeable (cant find a right word for continuing to change)
It’s not surprising, only because this mistake happens over and over. However, it ought to be surprising because it isn’t the least bit complicated. DHS does not have to concern itself with internal tribal citizenship requirements–all it has to do is send a letter notifying the tribe of the pending proceedings and the tribe’s right of intervention by registered mail, return receipt requested. When the parent claims to be Cherokee, the letter need only go to three tribes: Cherokee Nation of Oklahoma, Eastern Band of Cherokee Indians, and United Keetoowah Band of Cherokee Indians. ICWA does not apply to state recognized tribes.
ah I see. I dont think I understood the issue. Thanks
Dang, I advised them to send that to the “Cherokee Good Ole Boys Club” and they screwed it up. The ghost of Chief Taylor is going to come to them in a dream with his Atlanta Braves “Tommyhawk”. But seriously, how many times does Michigan get to get a pass on ICWA. Maybe it’s time for tribes to go back to congress and get some sanctions for “INTENTIONAL OR NEGLIGENT FAILURE” to observe the letter and intent of the law.
Absolutely, it is time to fight for legislation that creates SEVERE penalties. The consequences for children, families, tribes, and culture are already severe as they come. Injustice against indigenous people colonial-style is alive and well today in many places.