Before the Court en banc. Opinion by Justice Pickering.
In this appeal involving the Indian Children Welfare Act, the Court determined that the specific language of the Indian Child Welfare Act allowed the tribe and the state to agree to state court jurisdiction over a termination of parental rights for Indian children, despite the general rule that parties cannot agree to confer subject matter jurisdiction upon a court. The Court also rejected the appellant’s argument that the state court lacked jurisdiction because of failure to comply with notice formalities because the appellant had actual notice and participated in the hearing in which her parental rights were terminated. In addressing an issue of general applicability: the Court confirmed that a court always has jurisdiction to determine if it has jurisdiction. Affirmed. (Kerry S. Doyle, Associate in the Reno office of McDonald Carano Wilson.)
