Here is the opinion in Schirado v. Foote.

An excerpt:

Second, the Indian Child Welfare Act (“ICWA”) does not control this case. The ICWA grants tribal courts exclusive jurisdiction over “child custody proceeding[s]” involving Indian children. 25 U.S.C.A. § 1911(a). The covered “child custody proceeding[s]” include only foster care placements, terminations of parental rights, preadoptive placements and adoptive placements. 25 U.S.C.A. § 1903(1). Despite Foote’s enrollment in the Three Affiliated Tribes and despite her exhaustive references to the ICWA in her brief and at oral arguments, the ICWA is not applicable because this case concerns an initial custody determination; a proceeding outside the purview of the ICWA. See In re DeFender, 435 N.W.2d 717, 721 (S.D. 1989).