Guardianship of S.T.
The probate court awarded guardianship of S.T. to John, Sharlene, and Athena Herrick (collectively Herricks). S.T.'s mother, V.T. (Mother), appeals the court's order, contending the order should be reversed because: (1) the court applied the incorrect standard of proof; (2) the court's findings are not supported by substantial evidence; and (3) the court failed to make the required findings under the Indian Child Welfare Act of 1978 (ICWA), title 25 United States Code sections 1901 et seq. We determine the probate court applied the correct standard of proof and substantial evidence supports the court's findings. However, we conditionally reverse the order and remand the matter to the probate court for the sole purpose of requiring compliance with ICWA, if necessary.
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