(e) Notwithstanding subdivisions (a), (b), (c), and (d), if the parent of an Indian child has transferred physical care, custody, and control of the child to an Indian custodian, that action shall not be deemed to constitute an abandonment of the child, unless the parent manifests the intent to abandon the child by either of the following:
- (1) Failing to resume physical care, custody, and control of the child upon the request of the Indian custodian provided that, if the Indian custodian is unable to make a request because the parent has failed to keep the Indian custodian apprised of the parent’s whereabouts and the Indian custodian has made reasonable efforts to determine the whereabouts of the parent without success, there may be evidence of intent to abandon.
- (2) Failing to substantially comply with any obligations assumed by the parent in the agreement with the Indian custodian despite the Indian custodian’s objection to the noncompliance.