The Court of Appeal finds the Agency did not properly discharge its statutory duty under the ICWA to inquire of extended family members regarding a child’s possible American Indian heritage but finds the error harmless. The court creates a “fourth rule” for assessing harmlessness: An Agency’s failure to discharge its statutory duty of initial inquiry is harmless unless the record, which includes any further proffer the appealing party makes on appeal, contains information suggesting a reason to believe that the children may be Indian children.
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