Here.
[¶46] The ICWA director of the Round Valley Indian Tribes explained the father’s relationship with the tribe:
[The father] and his children are eligible for enrollment with the Round Valley Indian Tribes.
When the children were removed from the care of the parents [the father] was not an enrolled member with the Round Valley Indian Tribes, ICWA did not apply.
[The father] is still not an enrolled member with the Round Valley Indian Tribes, ICWA does not apply.
. . . .
This is the parent(s) responsibility to apply for enrollment with the Round Valley Indian Tribes during open enrollment.
So the state court’s theory is that an employee within a tribal government is the go to authority on the limits and meaning of a federal law? Whoever the ICWA director is for Round Valley needs to re-read the law, specifically 25 USC 1903. I wonder if ND Supreme Court would take the same approach with the meaning of other federal laws that apply to relationships between tribes and states? Weird.