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Name: In re L.B.
Case #: C042530
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/30/2003
Summary

The juvenile court did not err by failing to properly notice the Cherokee tribes of the proceedings in this case. The forms utilized by the Department in this case were standard forms used by the Department of Social Services to provide notice in compliance with the ICWA. There was nothing in the record to indicate that the notice was deficient and no basis to conclude that the Department did not follow the required procedures. It is not required that the notices be part of the record. Therefore, although the information in the record was minimal, it was sufficient to establish that notice in compliance with the ICWA was provided to all the possible tribes. Although there was nothing in the record to show that notice was sent to the BIA, father also failed to demonstrate any prejudice which flowed from failure to send copies of the ICWA notice to the BIA, since three Cherokee tribes were sent notice and none responded that the minor was eligible for enrollment. Further, father waived the issue of failure to provide him notice in compliance with ICWA. Had father requested copies of the notice, he could have challenged any perceived inadequacies.