A-15-1080 In re Adoption of Micah H., a minor child. Daniel H. and Linda H. (Appellants) v. Tyler R.
Saunders County Court, Judge Patrick R. McDermott
Attorneys: John H. Sohl (Appellants)' Jennifer D. Joakim (for Tyler R.)
Civil: Adoption ' applicability of the Indian Child Welfare Act
Proceedings Below: The county court found that ICWA applied and denied the complaint for adoption.
Issues: Appellants assign that the county court erred in finding that ICWA applied at the request of the non-Indian father, who had abandoned the family, where neither the Indian tribe nor the Indian mother requested its application. Appellants claim that as a result of erroneously applying ICWA, the court erred in applying a higher burden of proof and in finding that appellants failed to show abandonment by the father.