State Ex Rel Juvenile Department v. Tucker

The state brought this action to terminate mother’s parental rights. The father is unknown. The court determined that the child is an “Indian child,” according to the Indian Child Welfare Act, 25 USC § 1901 et seq (ICWA), and that, therefore, the termination proceedings are governed by the ICWA, as well as by ORS 419.523, 419.525 and 419.527. Mother appeals from an order terminating her parental rights, contending that the ICWA was not complied with in several respects. The child cross-appeals, arguing that it was error to apply the ICWA, because she is not an Indian child. We affirm.

On March…