In re Philip Jaye J.

—Order unanimously affirmed without costs. Memorandum: We affirm the order terminating respondent’s parental rights for reasons stated in the decision at Monroe County Family Court (Miller, J.). We note that respondent failed to meet her burden of proving the applicability of the Indian Child Welfare Act of 1978 (25 USC § 1901 et seq.) or Social Services Law § 39 (6) because she failed to prove that her children were “Indian child [ren]” (25 USC § 1903 [4]; Social Services Law § 2 [36]). The only evidence that respondent herself was a Cherokee Indian was testimony by an agent of the Monroe…