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Name: In re Aaliyah G.
Case #: B161963
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 06/12/2003
Subsequent History: None
Summary

All reports by DCFS stated that the minor had no Indian heritage and that the ICWA did not apply. On appeal, father contended that the juvenile court and DCFS failed to satisfy their affirmative duty to inquire as to ICWA’s applicability. The appellate court affirmed. There was no indication in the record that Aaliyah had Indian heritage, and no indication that DCFS failed to inquire before it checked a box stating that ICWA did not apply. Even if no inquiry had been made, the failure to do so where there is no indication of Indian heritage does not constitute reversible error. Here, there was no indication of heritage, and an inference that an inquiry was made. Therefore, there was no violation of ICWA.