In re Zachary T.
Wendy T., mother of three year old Zachary T., appeals from the juvenile courts order terminating her parental rights. The sole issue on appeal is the failure to provide notice under the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) (ICWA). The Orange County Social Services Agency (SSA) concedes ICWA notice was not given, but argues the error was harmless since notice was given in a separate dependency proceeding involving Zacharys older siblings. Based on the record before us, Court cannot conclude the failure to provide ICWA notice was harmless, since we do not know that no additional information regarding Zacharys Indian heritage would have been provided, which was not provided in connection with the ICWA notice for his siblings. Therefore, Court reverse and remand with directions to the juvenile court to ensure proper ICWA notice is given. If, after notice is given, there is no response showing that Zachary is an Indian child, the order terminating parental rights shall be reinstated.
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