North Carolia COA Decides Matter on Applicability of ICWA

Here is the opinion in In re H.S.:

NC App Opinion

An excerpt:

DSS sent a standard letter of notice to the Bureau of Indian Affairs (BIA) and did not receive a response. The juveniles’ guardian ad litem met with respondent father who stated that he was not Native American, and respondent mother who stated that she was part Cherokee. He met with the juveniles’ maternal grandmother who stated that she and her family were associated with the Eastern Band of Cherokee Indians. The guardian ad litem gave the Eastern Band of Cherokee Indians’ enrollment office the names of the  juveniles’ parents, maternal grandparents, and maternal great grandparents. None of them
were enrolled members.