Kern County Department of Human Services v. Michael P.

Opinion

HARRIS, Acting P. J.

Michael P. appeals from an order terminating his parental rights (Welf. & Inst. Code, § 366.26) to his son and daughter.1 Much earlier in the proceedings, the court determined, based on information it received from the Bureau of Indian Affairs (BIA), that the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) did not apply to the children’s case. Eleven months later at the termination hearing, appellant through his attorney claimed for the first time that he was Mohican. The court observed it had not heard anything that would justify changing the…