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Name: In re E.G.
Case #: C059277
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/10/2009

Until biological paternity is established for an alleged father who claims Indian heritage, ICWA notice requirements are not activated. In an appeal from the termination of her parental rights, mother contended that reversal was required for a failure to notice all the identified tribes under the ICWA. The department sent ICWA notice to the tribes claimed by appellant, but not to the tribes claimed by the alleged father. The appellate court rejected the argument and affirmed. The alleged father was excluded as the minor’s biological father. Absent a biological connection, the child cannot claim Indian heritage. Since the alleged father was excluded as the biological father, no notice was required under ICWA.