Phillip A. C. v. Central Council of the Tlingit & Haida Tribes of Alaska

OPINION

By the Court,

Becker, J. :

In this case, we consider issues involving the adoption of Native American children under the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901-63. Specifically, we address the type of evidence that may be used to determine whether a child is a Native American child under the ICWA and whether a Native American tribe has independent standing under the Act to challenge the voluntary adoption of a Native American child.

We conclude that a tribal enrollment officer’s affidavit may be used to establish that a child is a Native American child and subject to the ICWA…