In Re the Adoption of Riffle

Appellants John Garlick, Montana Department of Family Services and Turtle Mountain Band of Chippewa appeal the decision of the Tenth Judicial District Court, Fergus County, granting the petition of respondents Kenneth and Clara Siroky for adoption of Jessica Lynn Riffle. We reverse and remand.

We find the following issue dispositive on appeal:

Did the District Court err in determining that Jessica was not an “Indian child” pursuant to the Indian Child Welfare Act (ICWA)?

The facts relevant to the issue addressed in this opinion are as follows: Jessica Lynn Riffle (Jessica) was born on July 14,…