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Appeals Court hears ICWA challenge after parental-rights termination; parties disagree on post-trial enrollment impact
Summary
In a termination appeal the panel considered whether a father's later-enrolled tribal membership and resultant Indian Child Welfare Act (ICWA) protections require reopening the termination case. Father and mother argue the post-trial enrollment triggers ICWA protections and remand; the Department of Children and Families and the child's guardian-
The Massachusetts Appeals Court on Feb. 11, 2025 heard argument in Department of Children and Families v. Mother & Father, a termination-of-parental-rights appeal that raises the question whether post-trial tribal enrollment can require retroactive application of the Indian Child Welfare Act (ICWA).
Father’s counsel argued that the child now qualifies as an "Indian child" because the father enrolled in his tribe after the termination trial concluded, and that the ICWA statute and implementing regulations are sufficiently broad to require remand for the trial court to apply ICWA protections (including the active-efforts…
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