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· 12/10/2024

IN THE MATTER OF J.O.

Citations

  • 2024 OK 82

Syllabus

¶1 The State moved to terminate Father's (Parker) parental rights to Child, a member of the Choctaw Nation. After a jury trial, held in compliance with the Indian Child Welfare Act, the jury terminated Parker's rights. Parker was present for a portion of the trial. In this appeal we do not decide the merits of that termination decision. We are concerned only with whether Parker's procedural due process rights were violated, and whether the trial court was required to comply with the provisions of ICWA found in Title 25, Section 1912 (d) and (f) of the United States Code. We answer both questions in the affirmative and remand the case for a new trial.

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