Department of Social & Health Services v. B.D.W.

A tribal determination that a child is a member of, or is eligible for membership in, the tribe is conclusive evidence that a child is an Indian child within the meaning of the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901-1963. The designated official of the Leech Lake Tribal Council determined A.L.W. was eligible for tribal membership. The Leech Lake Band of Ojibwe is recognized as a tribe. Accordingly, we reverse the trial court’s determination to the contrary.

FACTS

Ms. W. gave birth to A.L.W. in Seattle on May 23, 2000. Ms. W. has significant substance abuse issues and A.L.W.’s six…