In re I.H. CA4/2
G.H. (father) appeals from orders terminating his parental rights to his daughters E.H. and I.H. (collectively children). The mother of the children claimed to have Cherokee, Blackfoot, and/or Sioux ancestry. Pursuant to the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related federal and state law, Children and Family Services (CFS) sent notice of the proceedings to all such tribes; none of them responded that the children were members or eligible to become members.
After that notice was sent, the father and his mother claimed to be descended from Pocahontas. The father now contends that CFS failed to adequately investigate that claim and failed to give notice to any Pocahontas-related tribe.
We will hold that CFS erred by failing to make any ICWA inquiry to the father’s father. However, we will also hold that, based on the inquiries that it did make, CFS had no duty to give notice to any to any Pocahontas-related tribe.
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