Molly O. v. State, Department of Health & Social Services, Office of Children's Services

The Indian Child Welfare Act creates important procedural rights for Indian eustodi-ans.1 For example, in any state court involuntary proceeding involving an Indian child, "the party seeking the foster care placement of, or termination of parental rights to" that child must provide notice to the Indian custodian of the proceedings and of his or her right to intervene,2 and an indigent Indian *311custodian has a statutory right to court-appointed counsels.3

Here, the superior court ultimately concluded that Molly was an Indian custodian for ICWA purposes at the time OCS filed its initial petition.…