In re A.C.
Annotate this CaseD.M. (father) appealed the termination of his parental rights to his biological daughter A.C. (child). He contended there was a failure to inquire into whether he had Indian ancestry, as required by the Indian Child Welfare Act (ICWA) and related federal and state law. The issue arose because the mother plainly did have Indian ancestry — she was an enrolled member of a federally recognized Indian tribe; an older daughter had been removed from her custody and transferred to the jurisdiction of the tribe. Apparently no one thought it was worth asking whether the father, too, might have Indian ancestry. When the mother’s tribe surprised everyone by reporting that the child was not a member and not eligible for membership, the juvenile court found (without any further inquiry regarding the father ) that ICWA did not apply. San Bernardino County Children and Family Services (CFS) did not dispute there was a failure to inquire, however, it contended the father did not show the error was prejudicial. To this, the Court of Appeal agreed: the father did not claim he had any Indian ancestry. "Because he has not managed to clear this rather low hurdle, there is no reason to suppose that, absent the error, the outcome would have been any different. And, more to the point, there is no reason to reverse and remand for a further inquiry, which would not only entail effort and expense, but would also delay permanency for A.C."
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