In re Children of Michelle C., 264 A.3d 1221

Older child in Department of Health and Human Services (DHHS) custody since birth in 2018; DHHS petitioned in Aug 2020 to terminate both parents’ rights to the older child.
Younger child born Nov 2020 and immediately placed in DHHS custody; identity of younger child’s father unknown.
At a Nov 2020 hearing Horton first asserted possible Native American (Passamaquoddy or Micmac) heritage; grandmother gave vague Chesapeake-heritage testimony but denied tribal membership.
DHHS contacted Passamaquoddy Tribe at Pleasant Point, Passamaquoddy at Indian Township, Aroostook Band of Micmacs, and the Bureau of Indian Affairs; Pleasant Point and Aroostook Band replied Horton was not a member; Indian Township gave no separate response; Bureau did not respond before the record closed.
After holding the record open, the court concluded ICWA did not apply, terminated both parents’ rights to the older child under 22 M.R.S. § 4055(1)(B)(2), and entered a jeopardy finding as to Horton for the younger child under 22 M.R.S. § 4035(2).
Mother (Horton) and father (MacLean) appealed the termination; Horton also appealed the jeopardy order. Court affirmed both the termination and the jeopardy order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Applicability of ICWA to the children	Horton: court erred; her asserted Native American heritage put ICWA in play	DHHS/court: they met obligations under Trever I. and the 2015 BIA Guidelines by contacting relevant tribes and the Bureau; tribe responses showed Horton not a member	Affirmed: ICWA not applicable; DHHS investigation adequate
Termination of father's parental rights to older child	MacLean: court erred in finding parental unfitness and that termination served best interests	DHHS: clear and convincing evidence of statutory ground(s) and termination served child’s best interest	Affirmed termination of MacLean's parental rights
Jeopardy finding as to younger child for mother	Horton: court erred in finding younger child in jeopardy	DHHS: evidence supported jeopardy finding and necessary orders to protect child	Affirmed jeopardy order against Horton

In re Trever I., 973 A.2d 752 (Me. 2009) (describing state and agency duties to inquire and verify tribal membership under ICWA)
In re Child of Radience K., 208 A.3d 380 (Me. 2019) (standard for reviewing district court findings supported by competent evidence)
In re Child of Louise G., 236 A.3d 445 (Me. 2020) (discussing statutory grounds and best-interest analysis for termination)
In re Thomas H., 889 A.2d 297 (Me. 2005) (clarifying burdens and standards in parental-termination proceedings)