In re Adoption of a Child of Indian Heritage

In In re Adoption of a Child of Indian Heritage, 111 N.J. 155, 168, 543 A.2d 925 (1988), the New Jersey Supreme Court expressed doubt "as to whether the ... guidelines accurately reflect Congress's intent" respecting the circumstances that trigger the Act's notice requirement. Id. at 187-88 n. 12, 543 A.2d 925. In declining to follow guideline (v), the Court held that mere knowledge of an attorney that an Indian child is involved in custody proceedings does not constitute constructive notice sufficient to require the Family Part to notify the Bureau. Ibid. Because there was no suggestion that either the judge or the investigating agency had knowledge of the child's Indian ancestry, the Court refused to reopen a final judgment of adoption. Id. at 187, 543 A.2d 925.