Agency was not required to follow up with Tribe after providing additional information to ascertain a possible tribal connection under the Indian Child Welfare Act (ICWA). Minor was removed due to parental substance abuse. Mother reported that she had Cherokee ancestry. The Cherokee Nation responded to the Agency’s inquiry letter that they needed maternal grandmother’s middle name and/or date of birth to determine a possible tribal connection. The Agency provided maternal grandmother’s middle name but was not able to ascertain her date of birth. The Cherokee Nation did not respond to this correspondence. The juvenile court found that ICWA did not apply and terminated parental rights. Mother appealed and the reviewing court affirmed. The Agency was not required to follow up with the Cherokee Nation after it sent maternal grandmother’s middle name. Further, the Agency was not required to contact the BIA because it did not need assistance identifying the relevant tribe. While there may have been inadequacies in the Agency’s documentation of its inquiries, section 224, subdivision (e) does not specify what documentation is required and there was sufficient evidence in the record to find ICWA did not apply.
The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/F088486.PDF
