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Name: In re Alejandro A.
Case #: D051300
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/14/2008

In a delinquency case, the court did not err by failing to inquire about the minor’s Indian heritage. On appeal from his delinquency proceeding, Alejandro A. contended that there was evidence he was an Indian child and an inquiry should have been made concerning his status before the disposition was entered. The appellate court disagreed and affirmed. There was no evidence that Alejandro was an Indian child. The social study listed him as Hispanic, and Alejandro told the probation officer he was not Native American. The fact that he lived near reservations and used their substance abuse programs did not make him an Indian child. Even if it were established that he was an Indian child, there is no authority for the proposition that provisions of the ICWA apply to delinquency proceedings unless custody of the child is at issue. Here, the minor was not at risk of entering foster care. There was nothing in the record to indicate that the “Breaking Cycles” program Alejandro was ordered into was in the nature of a foster home.