In re the Interest of Z.K., Minor Child, 973 N.W.2d 27

Child Z.K. entered CINA proceedings after reports of domestic violence; initial pleadings misidentified parents but DNA later confirmed J.K. and Z.D.K. as biological parents.
State sent ICWA notices to Standing Rock Sioux Tribe and Oglala Sioux Tribe; Standing Rock twice replied in writing that Z.K. was not eligible for enrollment; Oglala initially replied Z.K. was not eligible.
Mother and maternal grandmother had pursued Oglala enrollment (grandmother’s application incomplete); Mother was not an Oglala member at the time of the hearing.
Oglala ICWA director Red Cloud testified at a hearing that Z.K. was "eligible" for enrollment and that Mother had applied, but admitted Mother was not a current tribal member and tribe had not certified membership via BIA.
Juvenile court concluded ICWA did not apply (child not an "Indian child" at time of hearing) and terminated parental rights under Iowa Code chapter 232; court of appeals and Iowa Supreme Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Z.K. was an "Indian child" under ICWA	Father: testimony and ancestry show reason to believe Z.K. is an Indian child; ICWA should apply	State: tribes' written responses and Mother’s non‑membership show Z.K. was not a member or eligible and ICWA does not apply	Held: Z.K. was not an Indian child at the time of the hearing; ICWA inapplicable
Whether federal regs (25 C.F.R. §23.107/23.108) required treating Z.K. as an Indian child pending tribal determination	Father: regs require treating the child as Indian if there is "reason to know" until record shows otherwise	State: written tribal denials and lack of parental membership satisfied the court’s duty; tribe decides membership	Held: Court complied with regs — it confirmed on the record Z.K. did not meet the statutory definition at the hearing; tribal membership determinations are controlling for status

Morton v. Mancari, 417 U.S. 535 (1974) (federal preference for tribal members is political, not racial)
In re A.W., 741 N.W.2d 793 (Iowa 2007) (Iowa statute’s broader definition unconstitutional; tribal membership focus controls)
In re N.N.E., 752 N.W.2d 1 (Iowa 2008) (federal and state ICWA apply to child custody proceedings)
In re Dameron, 306 N.W.2d 743 (Iowa 1981) (de novo review standard for termination proceedings)
In re D.W., 791 N.W.2d 703 (Iowa 2010) (weight given to juvenile court credibility findings)
In re Abbigail A., 375 P.3d 879 (Cal. 2016) (federal ICWA definition requires parental membership to trigger protections)
In re Adoption of C.D., 751 N.W.2d 236 (N.D. 2008) (tribe has authority to determine membership; courts decide legal application of ICWA)