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In re Dominic S.1/7/2005
ICWA notices. (44 Fed.Reg. 67584, 67588, § B.5(b)(iii) (Nov. 26, 1979) (Guidelines).) Any such error is harmless as the DHHS specifically stated in the SOC 318 form that a copy of the petition was available upon request and there is no evidence any tribe made such a request and was denied a copy of the petition.
DISPOSITION
The order terminating appellant's parental rights is reversed and the matter is remanded for further hearing in compliance with the ICWA. The juvenile court shall direct DHHS to undertake further inquiry regarding Dominic's Indian heritage consistent with this opinion. If, after proper inquiry, the juvenile court determines no further information is available and re-noticing is not required, the order terminating parental rights shall be reinstated. If, however, additional information regarding appellant, Dominic's grandparents, great-grandparents and/or great, great-grandparents is discovered, the juvenile court shall order DHHS to properly re-notice all potentially applicable tribes or the BIA in compliance with the ICWA. Thereafter, if there is no response or if the tribes or the BIA determines Dominic is not an Indian child, the order terminating parental rights shall be reinstated. However, if a tribe or the BIA determines Dominic is an Indian child or if information is presented to the juvenile court that affirmatively indicates the minor is an Indian child as defined by the ICWA and the court determines ICWA applies to this case, the juvenile court is ordered to conduct a new section 366.26 hearing in conformance with all provisions of the ICWA.
We concur:
DAVIS, J.
BUTZ, J.
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