In re Matters of L.C., X.P. & N.C. — Parental Rights Termination Affirmed; ICWA Diligence Finding Upheld Where Blackfeet Tribe Confirmed Non-Enrollment and Mother Waived Objection Below
The Montana Supreme Court affirmed termination of parental rights in a consolidated three-child case, holding that the Department of Public Health and Human Services made diligent efforts to determine ICWA applicability: a Blackfeet Tribe verification of non-enrollment that was never revised after the Tribe received complete identifying information was conclusive, a typographical error in a putative (not established biological) father’s name was immaterial to tribal eligibility, and the mother waived any ICWA diligence objection by acquiescing in the determinations below and never asserting that the children were Indian children.