Turtle Talk

Here.

Here, respondent-father indicated to the referee that his great-grandmother was a member of the “Blackfoot” tribe. Although petitioner argues that there is no such tribe as “Blackfoot,” the BIA’s list of federally recognized Indian tribes includes “the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana.” See http://www.ncsl.org/research/state-tribal-institute/list-of- federal-and-state-recognized-tribes.aspx (last visited December 30, 2013).    Respondent-father points out that the name “Blackfoot” was used by the federal government in the Treaty with the Blackfeet of 1855, which recognized the existence of a Blackfoot Tribe and Blackfoot Nation. See Treaty with the Blackfeet, 11 Stat 657 (October 17, 1855). Thus, mindful of our Supreme Court’s statement that “[i]f there must be error in determining whether tribal notice is required, let it be on the side of caution[,]” Morris, 491 Mich at 108, we hold that respondent-father provided sufficient indicia of Indian heritage to the trial court to require tribal notice. If the identity of the tribe is uncertain, 25 USC § 1912(a) allows notice to be given to the Secretary of the Interior. Here, the record does not indicate that any notice was given.

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We therefore conditionally reverse the trial court’s termination of respondent-father’s parental rights, and remand to the trial court for resolution of the notice issue. On remand, the trial court shall ensure that notice is properly made to the appropriate entities. If the children are not Indian children or the properly noticed tribes or government entities do not respond within the allotted time, the trial court’s termination of respondent-father’s parental rights is reinstated. If, however, the trial court concludes that the ICWA does apply to the proceedings, the trial court’s termination of respondent-father’s parental rights to his four children must be vacated and proceedings begun anew in compliance with the procedural and substantive requirements of the ICWA.