In re T.K.L.G.
T.G., the alleged father of T.K.L.G (the minor), appeals from an order denying his Welfare and Institutions Code section 388 petition[1] and terminating his parental rights. T.G. contends the order terminating his parental rights must be reversed because the Alameda County Social Services Agency (Agency) had reason to know that the mother and the minor had Cherokee ancestry, yet mistakenly sent notice pursuant to the Indian Child Welfare Act (ICWA) to the Choctaw tribes.
Court shall hold that notices were properly sent to three Choctaw tribes based upon specific information that the mother had possible Choctaw ancestors, and all three responded that the child is not an Indian child. The only reference in the record to Cherokee ancestry is an obvious clerical error, and in any event was not supported by any specific information that gave the court or the Agency reason to know that the mother or the minor might be eligible for membership in a Cherokee tribe.
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