The Utah Supreme Court said the Navajo Nation waited too long to assert its rights under the Indian Child Welfare Act.

The tribe missed a deadline under state law to appeal an adoption case. But the tribe argued that ICWA, which doesn't impose a deadline, pre-empts state law.

The tribe also argued that the state's requirements do not apply to tribal governments. But the Utah court disagreed on both grounds and said the tribe shouldn't have waited until the "final hour" to assert jurisdiction.

The two children in the dispute have been adopted by a non-Indian couple.

Get the Story:
Navajo Nation can’t fight adoption of tribal kids (The Salt Lake Tribune 9/29)

Utah Supreme Court Decision:
In the matter of the Adoption of A.B. and D.T. (September 28, 2010)