In re Interest of M.D.

Opinion by Justice Bridges

On Appeal from the 196th Judicial District Court Hunt County, Texas
Trial Court Cause No. 86664

Before Justices Bridges, Molberg, and Partida-Kipness
Opinion by Justice Bridges

Mother appealed from the termination of her parental rights to M.D. In a single issue, she alleged the trial court failed to comply with the requirements of the Indian Child Welfare Act. See 25 U.S.C.A. §§ 1901-63 (2001). The Texas Department of Family and Protective Services (the Department) filed a response brief in which it agreed the trial court had information before it raising a question of whether M.D. was an Indian child and the applicability of the ICWA.

We abated the appeal and remanded to the trial court with instructions to (1) provide proper notice as required by the ICWA to the relevant Indian tribes, (2) conduct a hearing to determine whether M.D. is an Indian child under the ICWA, (3) and file supplemental records of the proceedings.

The trial court held a hearing on January 24, 2020 pursuant to the Court's order. Subsequently, it filed the reporter's record and its written findings from the hearing in which it found (1) the Department sent notices as required under the ICWA to the Blackfeet and Cherokee Nations, and (2) the responding tribes determined M.D. is not an Indian child under the ICWA. After hearing testimony and reviewing the evidence, which included copies of the return services of notices sent pursuant to the ICWA, as well as other documents, the court further found M.D. is "NOT an Indian Child under ICWA."

Because the trial court has complied with the ICWA, the only issue raised by Mother on appeal, we overrule Mother's issue. The judgment of the trial court is affirmed.

/David L. Bridges/

DAVID L. BRIDGES

JUSTICE 191122F.P05

On Appeal from the 196th Judicial District Court, Hunt County, Texas
Trial Court Cause No. 86664.
Opinion delivered by Justice Bridges. Justices Molberg and Partida-Kipness participating.

In accordance with this Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered February 20, 2020