In re T.G.
Melody G. (mother) appeals an order terminating her parental rights with respect to T.G. We reject mothers claim the Department of Children and Family Services (DCFS) gave inadequate notice under the Indian Child Welfare Act (ICWA) and find the notices given were adequate to convey the information known to DCFS. However, we agree with mothers claim that, on the facts presented here, DCFS had an obligation to inquire of maternal aunt Kimberly F. with respect to T.G.s Indian heritage prior to giving notice under the ICWA. Consequently, we conditionally reverse the order terminating parental rights and remand for the limited purpose of permitting DCFS to interview Kimberly F. with respect to mothers assertion T.G. has Indian heritage. If Kimberly F. is unable to provide additional information, or if no Indian tribe asserts jurisdiction as to T.G. after DCFS gives notice that includes any additional information Kimberly F. might provide, the juvenile court reinstate the order terminating parental rights.
Comments on In re T.G.