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Name: In re J.T.
Case #: A117049
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 08/29/2007
Summary

A remand for ICWA compliance was required where all possible Sioux or Cherokee tribes were not sent notice.

Mother appealed from the order terminating her parental rights because the Department did not send notice to all tribes of which the minor might be a member or eligible for membership. The Department argued that it complied with ICWA because it sent notice to the BIA, since it did not know which specific Cherokee or Sioux tribe or location where the minors might be members or eligible for membership. The appellate court declined to follow the holding of In re Edward H. and held that the court erred by not sending notice to all the federally recognized Sioux and Cherokee tribes. Further, notice to the tribes was inadequate because it failed to designate an agent for service. Receipt by an unidentified person at the tribe’s address did not fulfill the requirements of ICWA. A limited remand for ICWA compliance was therefore necessary.