In the Matter of the Termination of Parental Rights To ARW, a minor child: DRW, 343 P.3d 407

Appellant DRW (Father) is the father of ARW, born in 2002, who has been cared for by DLP and MLP (Adoptive Couple) since ARW was three weeks old.
ARW's mother relinquished parental rights and consented to adoption by Appellees in 2012; ARW remained under Appellees' guardianship thereafter.
Father was incarcerated for two counts of sexual abuse of a minor; he had limited contact with ARW during incarceration and ARW lived primarily with Appellees.
Appellees filed a petition to terminate parental rights under Wyo. Stat. Ann. § 14-2-309(a)(iv) on April 8, 2013; default was entered against Father on May 8, 2013.
The district court granted counsel, appointed a GAL, ordered a home study, and later denied Father's motion to set aside the default.
A termination hearing occurred on February 11, 2014; the court found Father incarcerated and unfit, and held ICWA inapplicable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ICWA applies to the termination.	DRW argues ARW may be an Indian child due to her mother's heritage and ICWA notice requirements apply.	appellees argue Adoptive Couple v. Baby Girl requires ICWA not apply where breakup is not precipitated by termination and mother relinquished rights.	ICWA not applicable.
Whether the district court abused its discretion in denying the default set‑aside motion.	DRW claims good cause existed due to transfer between correctional facilities and lack of access to papers.	Appellees contend Father offered no evidence of good cause; service was timely and delay was unjustified.	No abuse of discretion; no good cause shown.
Whether evidence supports termination by clear and convincing evidence.	Appellees established unfitness by incarceration and related inability to meet ARW's needs.	Father suggests insufficient evidence of unfitness; argues placement considerations were not shown.	Evidence supports unfitness; termination upheld.

Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (U.S. 2013) (ICWA applies when breakup of an Indian family would be precipitated; not implicated where parent relinquishes rights and no native heritage.)
In re KAT, 288 P.3d 1217 (Wy. 2012) (incarceration impacts fitness; evaluate at termination; prior unfitness relevant)