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Name: In re Jacob S.
Case #: F044268
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/08/2004
Subsequent History: 6/30/04 rev. denied & depublished

Because mother said that the paternal grandfather once talked about having Indian heritage, the juvenile court ordered notice of the proceedings sent to the BIA. The trial court found that proper ICWA notice had been provided, and because there was no reason to believe that the minor was an Indian child, ICWA did not apply. On appeal, appellant contended that the Agency did not adequately investigate the possibility that the minor was an Indian child. The appellate court rejected the argument, holding that once the department makes the requisite showing of its compliance with 25 U.S. Code section 1912 (a), any party who claims the department did not do enough to investigate must raise those issues in the juvenile court where the court can resolve the dispute. Absent a record, there is nothing for the appellate court to review. It cannot be assumed that the department did not make any effort to acquire information about the grandparents and submit such information to the BIA. This case was ordered depublished on June 30, 2004.