CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........Heritage Inquiry
............Not Required
3 Cards On This Topic:

Family lore of possible American Indian heritage does not trigger a social worker's duty to conduct further inquiry into a C's possible Indian ancestry under ICWA.

Family lore alone is insufficient reason to know a child would fall under ICWA.

ICWA does not require heritage inquiry where no trial evidence presented, and CtApp would not consider new, conflicting evidence to decide unlitigated issue—limited remand required, however, for proper inquiry.