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Name: In re D.T.
Case #: C043785
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/06/2003
Subsequent History: None
Summary

Notices sent to the tribes involved in this dependency proceeding were insufficient, where they provided scant information which would assist the tribes and the BIA in determining whether the minor subjects of the proceeding were Indian children. Although the notices provided adequate notice of the proceedings, they did not provide any information other than names, birthdates, and birthplaces of the minors and their parents. The notices failed to include information already known to the social worker, such as appellant’s married name, the parents’ current addresses, the names of the minors’ grandparents, and that the claimed tribal affiliation was Cherokee. Further, it was the social worker’s duty to inquire as to additional information, and the record shows that there was no further inquiry. Therefore, the order terminating parental rights had to be vacated, and the matter remanded with orders to the social service agency to make proper inquiry and comply with the notice provisions of the ICWA.