E.T. v. R.K.B. (In re B.B.)

A birth mother and birth father (defendant) were members of the Cheyenne River Sioux Tribe (tribe) and lived together on the reservation in South Dakota. The birth father financially supported the birth mother during the first six months of her pregnancy, until she moved to Utah, where the birth father planned to meet her. The birth mother then cut off contact with the birth father. She gave birth to B.B., who was entitled to the protections of the Indian Child Welfare Act (ICWA). The birth mother placed B.B. for adoption. A trial court terminated the parental rights of the birth mother and birth father. When the birth father learned that his rights had been terminated, he approached the tribe for help, then filed motions to intervene and for paternity testing; an affidavit asserting his paternity; and an answer, objection, and counterpetition to the adoption petition. The birth father’s filings expressed that he was willing and able to care for B.B. and pay child support and birth-related expenses. The birth father also filed a paternity notice with the Utah Department of Health. The birth father’s actions qualified him as having acknowledged paternity under Utah state law. About six months later, the trial court found that the birth father was not B.B.’s parent under ICWA and denied his motion to intervene. The birth father appealed, arguing that he qualified as a parent under ICWA. The Utah Court of Appeals certified the issue to the Utah Supreme Court.