In re A.B. CA4/2
In this appeal raising a single issue under the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.; ICWA), the father claimed membership in the “Cheyenne River Sioux Tribe,” but over time also provided many alternative names. The social services agency sent notice to the Cheyenne River Sioux Tribe, which is a federally recognized tribe, as well as other tribes. Considering the responses from the tribes, the juvenile court found that ICWA did not apply.
The question presented is whether the juvenile court committed prejudicial error by not demanding further inquiry when the father provided yet another name for the tribe, claiming that he has “Dakota Native American” ancestry. The father made this statement both immediately before the court found ICWA inapplicable and some months later. We find no error.
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