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Appeals court hears ICWA inquiry claim in adoption appeal; parties dispute record sufficiency

Massachusetts Appeals Court (Oral Arguments) · July 2, 2025
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Summary

Appeals court heard an ICWA inquiry objection in an adoption appeal where the father contends the lower court failed to make the on‑record tribal inquiry required under federal law.

Natalie Hoppell, counsel for the appellant father in the adoption appeal, told the panel that the lower court did not perform a meaningful on‑the‑record ICWA inquiry and that the father has standing to raise the issue under the ICWA collateral‑attack provisions. She urged that the absence of a clear, documented colloquy or docket entry left the record deficient.

Hoppell stressed that the regulations implementing the Indian Child Welfare Act…

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