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Name: In re Edward H.
Case #: F039428
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/12/2002
Subsequent History: None
Summary

While the 366.26 hearing in this case was pending, father notified the social worker that he had reason to believe he was of Indian heritage, belonging to the Choctaw tribe. The Department gave notice to two Choctaw tribes and the Bureau of Indian Affairs (BIA). Neither of the tribes, nor the BIA, claimed the children to be Indian, and the trial court ruled at the 366.26 hearing that ICWA did not apply. On appeal, appellant argued that since the Department did not notice all three bands of federally recognized Choctaw tribes, it failed to fulfill ICWA requirements. The appellate court affirmed. Proper notice to some but not all possible tribes in which a dependent child may be eligible for membership does not violate the ICWA provided the agency also gives notice to the BIA.