In Re Skyler H.

Valerie N. Lankford, under appointment by the Court of Appeal, for Minor.

BENKE, Acting P. J.

Jennifer H. appeals orders terminating parental rights under Welfare and Institutions Code section 366.26. [1] She also appeals an order summarily denying her petition for modification under section 388. Jennifer asserts the court did not comply with the Indian Child Welfare Act of 1978 ( 25 U.S.C. § 1901 et seq.) (ICWA or federal act). We affirm.

While the standard for ICWA notice is low, it is not without reasonable limits. This case raises the issue whether a child's specific but attenuated Indian heritage invokes ICWA notice requirements under section 224.3, subdivision (b), which describes circumstances that may provide reason to know the child is an Indian child. We hold the trial court has discretion to consider the totality of the information presented concerning the child's family circumstances to determine whether it meets the threshold required for ICWA notice—"the court . . . knows or has reason to know [the child is] an Indian child. . . ." (§ 224.2, subd. (a).) We further hold ICWA notice is not required unless the totality of the family's circumstances indicate there is…