In re Kameron N.

Syllabus

The respondent mother appealed to this court from the judgment of the trial court terminating her parental rights with respect to her minor child, K, who had previously been adjudicated neglected. K was eligible for enrollment in the Rosebud Sioux Tribe on the basis of his father's tribal membership. The petitioner, the Commissioner of Children and Families, and the Department of Children and Families, sent multiple letters to the tribe pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) regarding K's involvement with the department. These letters included, inter alia, one sent by registered mail, return receipt requested, informing the tribe that a trial on the termination of parental rights was scheduled, with the dates, times and location of the trial. A social worker representing the tribe signed for that letter. The tribe sent multiple letters to the petitioner indicating, inter alia, that K qualified for enrollment, and it exercised its statutory (25 U.S.C. § 1911 (c)) right to intervene in the termination trial, but it did not appear. On appeal, the mother claimed that the tribe did not receive proper notice of the termination proceedings as required by federal law (25 U.S.C. § 1912 (a)) and that the court erred in denying her motion to open the evidence and in finding that termination was in K's best interest. Held: 1. The respondent mother's claims that the tribe received inadequate notice of the termination proceedings were unavailing: although the petitioner's letters to the tribe did not strictly follow guidelines for implementing the Indian Child Welfare Act that the mother referenced in her challenge to the notice, those guidelines were not mandatory and did not expand the notice requirements set forth in the plain language of the act; more- over, although the letter sent by registered mail informing the tribe of the details of the termination trial did not advise the tribe of its right to intervene, the tribe previously had bee