In an appeal from an order terminating his parental rights, father argued that the Department and juvenile court failed to sufficiently investigate and provide adequate notice as required under the ICWA. As a preliminary matter, the Court stated that father had not waived his right to appeal the order terminating parental rights by submitting to the recommendation as ICWA notice requirements could not be waived by the parent. The Court then found that the Department had not adequately discharged its duty of inquiry which hindered its ability to provide adequate notice to the tribes. The error was not harmless because it was unknown what a proper inquiry might have revealed.
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