Kern County Department of Human Services v. Michael P.
Opinion
lead Opinion
Harris, J.
Michael P. appeals from an order terminating his parental rights (Welf. & Inst. Code, § 366.26) to his son and daughter. 1 Much earlier in the proceedings, the court determined, based on information it received from the Bureau of Indian Affairs (BIA), that the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) did not apply to the children’s case. Eleven months later at the termination hearing, appellant through his attorney claimed for the first time that he was Mohican. The court observed it had not heard anything that would justify changing the previous finding and proceeded to make its termination findings and orders. Appellant contends the court should have suspended the proceedings and sent new ICWA notice to the tribe. As discussed herein, we disagree and will affirm.
PROCEDURAL AND FACTUAL HISTORY
Because appellant’s late claim of Mohican Indian heritage and the court’s disinclination to act on that claim form the basis for this appeal, we limit our summary of the record to the facts relevant to the issue raised.
*1527 The Kern County Department of Human Services (the department) initiated the underlying dependency proceedings on October 13,…