FINALLY! Good news in Utah!

Utah Appellate Court Decides ICWA Case by Matthew L.M. Fletcher

Here is the as-yet unpublished opinion in In re M.J.

An excerpt:

A.J. and J.J. (Mother and Father, respectively) appeal the juvenile court's order terminating their parental rights in M.J. and S.J. (the Children). On appeal, Mother and Father argue that the juvenile court erred in determining that it did not have “reason to know” that the Children were Indian children under the Indian Child Welfare Act (ICWA), 15 U.S.C. §§ 1901–63 (2006), and that ICWA, therefore, did not apply in this case; that the evidence was insufficient to justify termination of their parental rights; and that the juvenile co urt committed plain error by failing to follow the proper procedure when ordering the Children to be removed. We affirm.