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Name: In re Brooke C.
Case #: B175555
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 03/01/2005
Summary

It was conceded in this case that ICWA notice requirements were not met. The court remanded for ICWA compliance, but held that the error did not require reversal. Agreeing with the court in Antoinette S. (2002) 104 Cal.App.4th 1401, the court held that violation of ICWA does not constitute jurisdictional error. The lack of statutory notice requires a limited remand for the Department to comply with ICWA notice requirements. If, after proper notice is given, the minor is determined not to be an Indian child and ICWA does not apply, prior defective notice becomes harmless error. The only order which would be subject to reversal for failure to give notice would be an order terminating parental rights.