In an appeal from a WIC 366.26 hearing, the Court agreed that the ICWA inquiry was inadequate. The Department failed to satisfy its duty of inquiry under WIC 224.2(b) when it did not make any effort to contact the maternal grandfather. The Court found the error was not harmless under the various standards, except for the presumptive affirmance standard which it declined to follow. The order terminating parental rights was conditionally reversed.
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