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Name: In re Nikki R.
Case #: G030632
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/28/2003
Subsequent History: None

Mother notified the court at the time of the detention hearing that the minor’s father had Cherokee heritage. The court ordered notice to the BIA as well as to the Cherokee Tribe. The Department never mentioned the issue again, other than to contend in its report that the ICWA did not apply. Mother filed a notice of appeal, and in her opening brief raised the issue of notice to the tribe. The Department requested that the court take additional evidence consisting of notices it sent to the BIA and the Cherokee Nation, as well as their responses. The appellate court accepted the additional evidence but stated that it did not render the appeal moot because the notices contained only minimal information concerning the child’s background. It reversed the order terminating parental rights and remanded for a hearing on whether the Department complied with the ICWA.