In re Adoption of Micah H.

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In re Adoption of Micah H.

Case Number
Call Date
October 7, 2016
Court Number
Case Summary

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.