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Name: In re Shane G.
Case #: D052632
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/26/2008

Indian Child Welfare Act (ICWA) notice to a tribe is not required if the court otherwise has proof that the child does not meet the blood requirements.
The maternal grandmother represented that the great-great-great-grandmother was a Comanche princess. The Comanche tribe requires a blood quantum for membership. Heritage had been asserted for another sibling through the same relationship and the tribe found that the sibling was not eligible for tribal membership. Though there were no ICWA notices or return receipts that could be found, there was a reasonable ICWA inquiry. The Agency’s inquiry produced no evidence that anyone in the family lived on a reservation, attended an Indian school, participated in ceremonies or received services from an Indian health center.