In re D.S. CA4/1

DISCUSSION

The ICWA notice requirements are strictly construed. (In re G.S.R. (2008) 159

Cal.App.4th 1202, 1216.) "The notice must include the name, [birth date], and birthplace

of the Indian child; his or her tribal affiliation; a copy of the dependency petition; the

petitioner's name; a statement of the right to the tribe to intervene in the proceeding; and

information about the Indian child's biological mother, biological father, maternal and

paternal grandparents and great-grandparents or Indian custodians, including maiden,

married and former names or aliases; [birth dates]; places of birth and death; current and

former addresses; tribal enrollment numbers, and/or other identifying information." (In

re Louis S. (2004) 117 Cal.App.4th 622, 630; see § 224.2 [requiring notice to be sent by

registered or certified mail with return receipt requested].) Notice is meaningless if no

information or insufficient information is presented to the tribe to make that

determination. (In re D.T. (2003) 113 Cal.App.4th 1449, 1455.)

The Agency acknowledges that the notices sent to the Cherokee Nation, the other

tribes, the BIA and the Interior Department contained…