Yet Another Michigan Conditional Affirmation ICWA Case

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.