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Name: In re N.M.
Case #: B198837
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/25/2008

The juvenile court did not err when it found that ICWA notice had been properly given. In a prior appeal, the order terminating mother’s parental rights was reversed and remand was ordered for ICWA compliance. The trial court found that ICWA notice was proper and there was no reason to believe that ICWA applied. It reinstated the order terminating parental rights. The appellate court affirmed, finding that the juvenile court properly found that ICWA did not apply. The juvenile court acted well after the 60-day notice period expired as to the tribes in question. The BIA received ICWA notice more than 60 days before the termination notice and none of the tribes claimed the minors as members. The record did not establish a reasonable probability that the outcome would have been more favorable had specific challenges been made to the ICWA notices in the trial court, or any indication that the minors were Indian children or that the tribes would have responded differently if additional notices had been sent.