Colorado Appeals Court Decides ICWA Notice Case

Here is the opinion in In the Interest of J.C.R.

An excerpt:

A notice obligation arises under the ICWA when the court has reason to know or believe that an Indian child is involved in the case. State courts have read this notice obligation broadly, redressing violations when the child’s Indian status is unclear and when Indian descent has been merely asserted. See B.H., 138 P.3d at 303-04. And, because the ICWA protects tribal interests, otherwise sufficiently reliable information cannot be overcome by a parent’s actions or be disregarded as untimely. Id. at 304.

Here, however, there was no information provided by anyone during the proceedings, much less sufficiently reliable information, or even a mere assertion concerning the children’s possible Indian heritage. Thus, the trial court had no reason to know or believe that the children had Indian ancestry and, therefore, no reason to notify the children’s or parents’ tribe, or the Bureau of Indian Affairs concerning the proceeding.