In Re Se. T.

Good Law
115 Cal. Rptr. 2d 335·95 Cal. App. 4th 168
Court of Appeal of CaliforniaJanuary 31, 2002C037875California3,182 words

Opinion

Opinion

L.T. (appellant), the mother of Se., Sh., and D.T. (the minors), appeals from the orders of the juvenile court adjudging the minors dependent children. [1] She contends that the notice provisions of the Indian Child Welfare Act (ICWA) [2] were not complied with, that the court failed to determine whether the other provisions of the ICWA applied, and that there was insufficient evidence presented to support jurisdiction. We disagree with each of these contentions and shall affirm the orders. In so doing we hold that when a vague Indian tribal designation such as Cherokee is the only information the Sacramento County Department of Health and Human Services (Department) and the juvenile court have a minor's Indian ancestry, the notice provisions of the ICWA are complied with by sending notice to the Bureau of Indian Affairs (BIA). Once the notice provisions of the ICWA were complied with, neither the Department nor the court had reason to know that the minors were Indian children as defined by the ICWA, and the court had no basis for applying the ICWA's other provisions. Finally, we hold that the statements of the minors, evidence of physical injuries to them, and accounts…

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