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Name: In re N.E.
Case #: G039168
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/29/2008

Where father did not demonstrate that he had Indian heritage, there was no error where the Department failed to make an inquiry regarding Indian heritage prior to termination of parental rights. Father appealed the termination of his parental rights to N.E., contending that the Department failed to inquire of him whether N.E. was an Indian child under the ICWA. The appellate court rejected father’s argument, holding that even if the juvenile court and the Department failed in their inquiry responsibilities, there was no prejudice to father. There was no suggestion by father that he, in fact, had any Indian heritage. Therefore, he failed in his burden to demonstrate prejudice.