The North Dakota Supreme Court has remanded two consolidated parental rights termination cases, reinforcing the critical requirement that juvenile courts must comply with the Indian Child Welfare Act (ICWA) when handling cases involving Native American children. The decision in *Interest of D.G. & D.G.* (N.D. 2026) sends a clear message about the mandatory nature of ICWA compliance in child custody proceedings.
Chief Justice Fair McEvers issued the court's opinion remanding the juvenile court judgments with instructions for the lower court to determine whether ICWA applies to the case. The high court retained jurisdiction under North Dakota Rule of Appellate Procedure 35(a)(3)(B), indicating the importance of ensuring proper resolution of the ICWA issue.
The case stems from events that began on June 24, 2020, when two children, identified only as D.G. and D.G., were removed from their parental home. Following the removal, the juvenile court determined the children were in need of protection, and they have remained under the care, custody, and control of North Star Human Service Zone since that time.
In 2022, the State filed petitions to terminate parental rights. G.G., the father of both children, appealed the juvenile court's subsequent judgments terminating his parental rights. The mother, identified as S.F., was also named as a respondent in the proceedings but did not appeal.
The Supreme Court's decision emphasizes a fundamental principle established in the court's syllabus: "A juvenile court must comply with the Indian Child Welfare Act in termination of parental rights proceedings where the court knows or has reason to know an Indian child is involved." The court further clarified that "to determine whether ICWA applies in a termination of parental rights proceeding, a juvenile court must make an initial inquiry as to whether an Indian child is involved."
This requirement reflects the federal statute's purpose of protecting Native American families and preserving tribal connections for Indian children in state custody proceedings. ICWA was enacted by Congress in 1978 in response to the alarmingly high number of Indian children being removed from their families and placed in non-Indian homes, often without regard for the preservation of Indian families and tribal culture.
The Act establishes specific procedural requirements and substantive standards that must be followed when state courts handle child custody proceedings involving Indian children. These include requirements for notice to tribes, higher standards of evidence for removal and termination, and preferences for placement with extended family, tribal members, or other Indian families.
The North Dakota Supreme Court's remand with instructions indicates that the juvenile court failed to make the required initial inquiry into whether the children in question qualified as "Indian children" under the Act. This inquiry is not merely procedural but substantive, as ICWA's protections can significantly alter the course of termination proceedings.
Under ICWA, an "Indian child" is defined as an unmarried person under age 18 who is either a member of a federally recognized tribe or is eligible for membership and is the biological child of a member. The determination requires courts to look beyond surface appearances and make meaningful inquiries about potential tribal connections.
The remand suggests that the juvenile court may have proceeded with the termination without adequately investigating whether ICWA applied. This type of oversight has been the subject of numerous appellate decisions across the country, as courts work to ensure compliance with federal requirements designed to protect Native American families.
G.G. was represented by Kiara C. Kraus-Parr of Grand Forks, while Nathan K. Madden, Assistant State's Attorney for Williston, represented North Star Human Service Zone. The case was heard by the Honorable Benjamen J. Johnson in the Juvenile Court of Williams County, Northwest Judicial District.
The Supreme Court's retention of jurisdiction under the appellate rules allows for expedited review once the juvenile court completes its ICWA analysis. This procedural mechanism ensures that any ICWA-related issues can be quickly resolved without requiring a completely new appeal process.
This decision joins a growing body of state appellate court rulings emphasizing the importance of ICWA compliance. Courts nationwide have increasingly scrutinized lower court proceedings to ensure that the Act's requirements are not overlooked or inadequately addressed.
The remand will require the juvenile court to conduct a thorough inquiry into whether either child has Indian heritage that would trigger ICWA's protections. If ICWA applies, the court must then determine whether the previous termination proceedings complied with the Act's heightened standards and procedural requirements.
This case serves as a reminder to juvenile courts, attorneys, and social service agencies that ICWA compliance is not optional when there is any indication that Indian children may be involved. The Act's requirements must be addressed at the outset of proceedings, not as an afterthought during appeals.
The ruling reinforces North Dakota's commitment to protecting the rights of Native American families while ensuring that child welfare proceedings meet all applicable federal standards designed to preserve tribal connections and cultural heritage.