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Name: In re A.C.
Case #: C054642
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/21/2007

ICWA notice is not required to be sent to a tribe which is not federally recognized. Mother contended that the trial court erred by failing to give notice of the proceedings to a nonfederally recognized tribe, because Section 306.6, effective January, 2007, gave the court discretion to permit the tribe to participate in the proceedings, and the tribe was unaware of this. The appellate court rejected the argument, holding that the statute does not confer a notice requirement, but instead allows the court a discretion to permit participation if a nonfederally recognized tribe requests permission. The statute does not require notice, and the Legislature specifically chose not to require notice beyond that required by ICWA.