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Name: In re Jeffrey A.
Case #: C041271
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/25/2002
Subsequent History: None
Summary

In a report prepared for the section 366.26 hearing, social workers noted that the minors at issue in this case may have been of Native American descent. The report noted that “the appropriate ICWA request for verification” had been sent to the Pawnee tribe, and the social worker was “awaiting return.” A subsequent report also noted that the father had stated in the past that he believed the minors to be of Native American descent. The 366.26 hearing proceeded without discussion of the ICWA. The appellate court here vacated the order terminating parental rights and remanded for further proceedings in accordance with the ICWA. The court could not presume that the nondescript “request for verification” that was sent to the tribe contained the requisite notice. Even assuming it did contain the requisite notice, nothing in the record shows that copies of the notice were sent to the Secretary of the Interior and to the Area Director, as is required by federal regulation.