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In re Wolfgang S.
In this dependency case of Wolfgang S., his parents' paternity questionnaires, filed the day of the November 2000 detention hearing, stated his father, Bradley S., had Cherokee heritage. At the hearing, Bradley's counsel stated, "[Bradley] does report that he does have some Cherokee blood, that he is not a member of a registered member of a tribe." The court found the Indian Child Welfare Act (ICWA) (25 U.S.C. 1901 et seq.) did not apply. The applicability of ICWA was not addressed at subsequent hearings. No ICWA notice was ever given.
The judgment terminating parental rights is reversed and the matter is remanded to the juvenile court, with directions to order the Agency to give notice in compliance with the notice provisions of ICWA. The juvenile court is further directed to order the Agency to give notice in accordance with current case law to the BIA; the Cherokee Nation, Oklahoma; the Eastern Band of Cherokee Indians of North Carolina; and the United Keetoowah Band of Cherokee Indians in Oklahoma. If, after proper ICWA notice is given and received it is determined Wolfgang is an Indian child, the juvenile court shall proceed in conformity with all provisions of ICWA. If, after notice is given and received Wolfgang is determined not to be an Indian child for purposes of ICWA, the juvenile court shall reinstate the findings and orders of December 8, 2006. The remittitur is to issue forthwith.



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