In Re DT

Appellant, the mother of D.T. and R.T. (the minors), appeals from the juvenile court's order terminating her parental rights. Appellant contends the juvenile court failed to ensure compliance with the notice provisions of the Indian Child Welfare Act (ICWA). ( 25 U.S.C. § 1901 et seq.) We agree and shall reverse.

In the social worker's report for the dispositional hearing, under a section entitled "INDIAN CHILD WELFARE ACT STATUS," it was reported: "Notices have been sent. SEE NOTICES." The record contains notices on form "SOC 319" to the three federally-recognized Cherokee tribes and the BIA. ( 65 Fed. Reg. 13298 (Mar. 13, 2000).)

At a subsequent hearing, the juvenile court inquired whether there had been any response from "the Cherokee Nation." The social worker said she had "received nothing back on the father." As to appellant, the social worker reported "it says that they have insufficient information." In response to the court's question as to what information was needed, the attorney for the social services agency responded: "It is important in most cases to be able to trace back to 1900 with names, birth dates, and birth places of ancestors." Appellant's attorney said…