CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........Heritage Inquiry
............Sufficient Inquiry Made
 10 Cards On This Topic:
  • Law does not require information about great-great-ancestors be included in ICWA notices, and error in failing to include C1's information in notices was harmless where he and C2 were siblings with same mother.
  • DHHS must inquire as to possible Indian ancestry and act on information, but has no duty to conduct an extensive investigation into mother's 1966 sealed adoption records or inquire of deceased F's family.
  • Failing to send information on JC-135 re non-Indian mother's place of birth and relatives' names was harmless error.
  • HSA did all that was reasonably expected to investigate C's Indian heritage, esp. where its request for information needed to contact older relative was refused—ICWA doesn't require more inquiry based on mere supposition.
  • Termination order affirmed as burden on appealing parent to make affirmative representation of Indian heritage is de minimis—in absence of which there is no prejudice and no miscarriage of justice.
  • F did not forfeit right to challenge decision not to reopen ICWA issue where he did not challenge court's earlier ICWA finding but merely disputed manner in which matter handled at termination hearing.
  • Evidence sufficient to support trial court's finding the ICWA did not apply where social worker's reports repeatedly stated so, mother did not contradict them and never offered any evidence of ICWA application.
  • Social worker’s reports stating ICWA did not apply, and ICWA checkboxes on petition left blank, were sufficient evidence an inquiry into child's Indian ancestry was made.
  • Despite grandmother's claim she was member of Black Native Amer. Assoc., juvenile court had no obligation to make further inquiry in absence of any evidence supporting reasonable inference that C might have Indian heritage.
  • Checking 'No' box on dependency petition application suggested inquiry made as to child's Indian heritage — court had no obligation to make further inquiry absent information or suggestion child might have Indian heritage.


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