In re E.A.C.

On appeal from the denial of a petition to return custody, appellant argues that
(a) a challenge to a petition for return of custody under the Indian Child Welfare Act, 25 U.S.C. §§ 1901␣1963 (2006), requires application of all subsections of section 1912 to determine whether reunification is not in the child’s best interests, (b) the district court erred in concluding that remedial services provided to appellant five years ago satisfied ICWA’s requirement to demonstrate active efforts to provide appellant remedial services, and (c) the district court erred in determining that no showing of harm to appellant’s child was required under ICWA because appellant did not retain continued custody after voluntarily terminating her parental rights. Because (1) section 1916(a) requires district courts to apply all subsections of section 1912 in determining whether reunification is not in a child’s best interests, (2) the district court erred in concluding that the active-efforts requirement under section 1912(d) was satisfied, and (3) the district court erred by making no findings under section 1912(f), we reverse and remand.