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Name: In re E.H.
Case #: E039350
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/06/2006
Summary

The evidence was sufficient to support the trial court’s finding that the Indian Child Welfare Act did not apply where the court invited mother at each hearing to disclose membership in any Indian tribe, and mother did not respond or disclose any ancestry, nor challenge the social worker’s reports. The court’s exhortations were sufficient to meet its duty to inquire into the minor’s status as an Indian child. It was incumbent upon mother then to respond, which she failed to do. The court found this the “most cynical and specious ICWA claim we have encountered.”