In re S.B.
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The Supreme Court affirmed the judgment of the district court terminating Father's rights to his two children, holding that the district court did not abuse its discretion.
Specifically, the Court held (1) the district court erred by proceeding without applying the requirements and standards of the Indian Child Welfare Act (ICWA) during the first year of the case, but the violations did not require invalidation of the proceedings; (2) even if the Department of Public Heath and Human Services, Child and Family Services Division (Department) failed to provide proper notice of the proceedings to the Little Shell Tribe as required by ICWA, any error was harmless; (3) the Department provided Father with active efforts to reunify his family; and (4) the district court applied the correct standards when terminating Father's parental rights, and the court's finding that Father was unlikely to change in a reasonable period of time was supported by substantial evidence and not an abuse of discretion.
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