California Court of Appeal

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In re E.G., C059277

In a family law matter, juvenile court orders terminating appellant-mother's parental rights are affirmed where: 1) until biological parentage is established, an alleged father's claim of Indian heritage does not trigger the requirement of Indian Child Welfare Act (ICWA) notice because, absent a biological connection, the minor cannot claim Indian heritage through the alleged father; 2) a paternity test established that the alleged father was not the biological father of the minor; and thus 3) ICWA notice was not required.

Appellate Information

  • Decided 02/10/2009
  • Published 02/10/2009

Judges

  • SCOTLAND, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Mario de Solenni, under appointment by the Court of Appeal, for Defendant and Appellant., Robert A. Ryan, Jr., County Counsel, and Maureen M. O'Connor, Deputy County Counsel, for Plaintiff and Respondent.
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