Adoption of C.D.
, 2008 ND 128,
751 N.W.2d 236
An Indian tribe's determinations of its own membership and eligibility for membership are binding and conclusive in a proceeding under the Indian Child Welfare Act ("ICWA").
The burden of proof is upon the party asserting ICWA's applicability to present evidence that the child is an "Indian child" as defined in 25 U.S.C. section 1903(4).
Allegations in pleadings, motions, or briefs are not evidence.
For purposes of applying ICWA, membership in a tribe is not synonymous with enrollment as a member of a tribe, and a party may be a member of a tribe without being enrolled in the tribe.
ICWA applies only to tribal Indians, and does not extend to ethnic Indians who are not eligible for membership in a federally recognized Indian tribe.
Adoption of H.R.W.
, 2004 ND 216,
689 N.W.2d 403
In adoption proceedings, termination of parental rights does not require consent of a parent who has abandoned the child or has failed for at least one year, without justifiable cause, to communicate with the child or to provide for the care and
support of the child.
Findings of fact by the trial court in matters of adoption will not be set aside on appeal unless clearly erroneous.
Adoption of S.R.F.
, 2004 ND 150,
683 N.W.2d 913
De novo review under the Revised Uniform Adoption Act is abolished, and cases to the contrary are overruled.
A parent's abandonment of a child is a question of fact and may be inferred from circumstantial evidence of the parent's conduct.
Adoption of S.A.L.
, 2002 ND 178,
652 N.W.2d 912
A parent can effectively waive the right to court-appointed counsel in a parental termination proceeding. An effective waiver must be a voluntary, knowing, and intelligent relinquishment of the benefits of counsel.
Adoption of J.M.H.
, 1997 ND 99,
564 N.W.2d 623
The evidence clearly and convincingly supported the termination
of an indigent inmate's parental rights under N.D.C.C.
14-15-19(3)(b).
The procedures for terminating the inmate's parental rights did
not deprive him of due process and his conclusory allegations
were insufficient to show ineffective assistance of counsel.
Adoption of J.S.P.L.
,
532 N.W.2d 653 (N.D. 1995)
Adoption of J.W.M.
,
532 N.W.2d 372 (N.D. 1995)
S.P.M. v. Department of Human Services
,
529 N.W.2d 864 (N.D. 1995)
Adoption of A.M.B.
,
514 N.W.2d 670 (N.D. 1994)
Adoption of Thompson
,
393 N.W.2d 733 (N.D. 1986)
Hansen v. Lackey
,
362 N.W.2d 66 (N.D. 1985)
Adoption of Schneider
,
347 N.W.2d 126 (N.D. 1984)
Adoption of Quenette
,
341 N.W.2d 619 (N.D. 1983)
Adoption of Pritchett
,
325 N.W.2d 217 (N.D. 1982)
Adoption of Mortenson
,
317 N.W.2d 107 (N.D. 1982)
Adoption of Gotvaslee
,
312 N.W.2d 308 (N.D. 1981)
McGurren v. S.T.
,
241 N.W.2d 690 (N.D. 1976)
Kottsick v. Carlson
,
241 N.W.2d 842 (N.D. 1976)
Adoption of Godejohn
,
190 N.W.2d 42 (N.D. 1971)
Bond v. Carlson
,
188 N.W.2d 728 (N.D. 1971)