In re J.A. CA4/1

DISCUSSION

Mother submitted an ICWA-020 form in October 2019 indicating that she had no Indian ancestry. Father then submitted an ICWA-020 form in November 2019 indicating that he, too, did not have Indian ancestry. On February 6, 2020, the juvenile court held that reasonable inquiry had been made to determine whether J.A. is an Indian Child and found that it had reason to know that J.A. is not an Indian child. On or around February 2021, the Agency learned that the paternal grandmother was claiming Native American heritage with the Cherokee Nation. When Father was asked about this, he denied such heritage and stated that, if there was any Indian ancestry, it would be “little to none.” There is no indication in the record that the Agency conducted any further inquiry.

2 At the contested hearing in March 2021, the Agency informed the juvenile court about the paternal grandmother’s claim of Indian heritage and stated that it “has since conducted further investigation and has found that there is no further information that would lead the court to believe ICWA would apply.” Based thereon, the juvenile court confirmed its previous finding that the ICWA does not apply “as there is no…