DRW v. DLP
Annotate this CaseAppellant was that father of ARW. Appellees were a couple who were involved in ARW’s life since she was three weeks old. Both Appellant and ARW’s mother executed powers of attorney providing that Appellees could have physical custody of ARW. ARW’s mother subsequently consented to termination of her parental rights and to adoption by Appellees. After Appellant was charged with two counts of sexual abuse of ARW’s friend, Appellees were appointed permanent guardians for ARW without Appellant’s consent. Appellant was convicted, and Appellees initiated this action terminate Appellant’s parental rights. After a hearing, the district court entered an order terminating Appellant’s parental rights. The Supreme Court affirmed, holding that the district court (1) did not err in concluding that the Indian Child Welfare Act did not apply to the termination proceedings; (2) did not err in denying Appellant’s motion to set aside the entry of default against him; and (3) properly concluded that Appellees presented sufficient evidence that DRW was unfit to have care and custody of ARW.
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