Smith v. Department of Social & Health Services ( 1987 )

Swanson, J.

(concurring)—I concur and agree with the opinion of the court that notice to the Chippewa tribe was not necessary because the Indian Child Welfare Act of 1978 (ICWA) does not apply in the absence of proof that Anthony and Antoinette are "Indian" children as defined in the ICWA or eligible for membership in an Indian tribe and not because the children were placed with Indian relatives. Application of the notice requirements of the ICWA does not turn on the Indian or non-Indian status of the foster parents. In re S.B.R., 43 Wn. App. 622, 719 P.2d 154 (1986).