Bruce L., Appellant v. W.e., H.e., & Connie J., Appellees

Summary

The court vacated the finding that the child was not an Indian child because the trial court relied on an unanticipated proof deficiency without notifying the parties or allowing them to present evidence concerning tribal membership. It held that the father had sufficiently acknowledged paternity to invoke ICWA protections if the child qualified as an Indian child, and it reversed findings that his failures to communicate and support lacked justifiable cause. The court vacated the termination of parental rights and adoption decree and remanded for further proceedings.