In re: L.W.S., 255 N.C. App. 296

DSS filed juvenile petition (May 1, 2015) alleging Luke was abused, neglected, and dependent; DSS obtained and kept nonsecure custody.
Trial court adjudicated Luke abused/neglected/dependent (Mar 3, 2016), noting parents had pending felony child abuse charges, prior relinquishments of parental rights to other children, and domestic violence incidents; reunification efforts ceased.
Permanency plan set to adoption with concurrent guardianship; respondent (father) later convicted of felony child abuse and sentenced to 60–84 months.
DSS filed petition to terminate parental rights (Aug 1, 2016; amended Aug 22, 2016) alleging multiple grounds including abuse, neglect, abandonment, failure to correct conditions, failure to pay, and felony assault causing serious injury.
Trial court terminated respondent’s parental rights (Nov 28, 2016); respondent appealed solely arguing the court failed to address potential applicability of the Indian Child Welfare Act (ICWA).

Issue	Plaintiff's Argument (DSS)	Defendant's Argument (Respondent)	Held
Whether trial court erred by not addressing ICWA applicability	DSS maintained ICWA did not apply and court had previously found ICWA inapplicable in juvenile orders	Respondent argued the court failed to determine whether Luke was a member of a Native American tribe and thus ICWA should have been considered	Court held respondent failed to preserve the issue at trial and did not meet burden to show ICWA applied; affirmed termination

In re A.D.L., 169 N.C. App. 701 (2005) (explains ICWA purpose and two-step prerequisite inquiry)
In re C.P., 181 N.C. App. 698 (2007) (places burden on party invoking ICWA to show applicability)
In re Williams, 149 N.C. App. 951 (2002) (equivocal testimony alone is insufficient to meet ICWA burden)
In re A.R., 227 N.C. App. 518 (2013) (mere belief a child is an Indian child does not meet burden; remand appropriate when investigation/results unclear)