Background
G.G. (father) appealed juvenile court judgments terminating his parental rights to D.G. in Williams County, North Dakota. In an earlier decision, the North Dakota Supreme Court held that juvenile courts must make a threshold inquiry into whether the Indian Child Welfare Act (ICWA) applies to each new termination of parental rights petition, and found the lower court’s initial findings insufficient on that point. Interest of D.G., 2026 ND 37, ¶ 7, 31 N.W.3d 652. The Court retained jurisdiction and remanded with instructions to make explicit findings on ICWA applicability.
On remand, the juvenile court held an evidentiary hearing. Social services presented testimony and introduced negative enrollment responses from several Indian tribes. Neither parent attended the hearing, and no evidence was submitted suggesting that D.G. qualified as an “Indian child” under ICWA, 25 U.S.C. § 1903(4). The juvenile court made additional findings and concluded ICWA did not apply to the proceedings.
The juvenile court further noted that its prior termination order had applied the clear and convincing evidence standard — the standard applicable in non-ICWA termination proceedings — and found that its original findings and termination decision were unaffected by the ICWA inapplicability determination. No additional briefing or oral argument was requested by the parties following remand.
The Court’s Holding
The North Dakota Supreme Court affirmed the juvenile court’s judgments terminating G.G.’s parental rights. Reviewing the record on remand, the Court concluded the juvenile court did not clearly err in finding ICWA did not apply. With no tribal enrollment and no evidence connecting D.G. to an Indian tribe, the threshold ICWA inquiry was satisfied in the negative.
Because no other factual findings were challenged on appeal, and the ICWA finding did not disturb the underlying termination decision, the Court summarily affirmed under N.D.R.App.P. 35.1(a)(2). The decision was issued per curiam by five justices; Justice Crothers, who participated when the case was originally decided, did not participate after remand following his retirement effective February 28, 2026.
Key Takeaways
- Juvenile courts in North Dakota must make an explicit threshold finding on ICWA applicability for each termination of parental rights petition, even when the issue was not raised by the parties.
- Where tribal enrollment inquiries return negative responses and no contrary evidence is presented, a finding that ICWA does not apply will be upheld under the clear error standard.
- A determination that ICWA does not apply does not disturb a prior termination order that already applied the correct (clear and convincing) evidentiary standard for non-ICWA cases.
Why It Matters
This decision reinforces the procedural obligation North Dakota juvenile courts bear to affirmatively evaluate ICWA applicability at each stage of termination proceedings, consistent with the Court’s earlier ruling in this same case. The requirement ensures that federal protections for Indian children are not inadvertently bypassed through procedural silence, even when neither parent raises the issue.
Practically, the opinion signals that a diligent remand process — including formal inquiry to tribes and an evidentiary hearing — can cure an initial ICWA omission without unraveling an otherwise valid termination order. Attorneys handling child welfare cases in North Dakota should treat the ICWA threshold inquiry as a non-waivable checklist item, regardless of apparent tribal affiliation.