In re Rebecca R

In In re Rebecca R. (2006) 143 Cal.App.4th 1426, the father made no claim on appeal that he in fact had any Indian heritage but urged that the failure to inquire required reversal. The court declined to do so, reasoning, "the sole reason an appellate court is put into a position of 'speculation' on the matter is the parent's failure or refusal to tell us. Father complains that he was not asked below whether the child had any Indian heritage. Fair enough. But, there can be no prejudice unless, if he had been asked, father would have indicated that the child did (or may) have such ancestry. Father is here, now, before this court. There is nothing whatever which prevented him in his briefing or otherwise, from removing any doubt or speculation. He should have made an offer of proof or other affirmative representation that, had he been asked, he would have been able to proffer some Indian connection sufficient to invoke the ICWA. He did not. In the absence of such a representation, the matter amounts to nothing more than trifling with the courts. The knowledge of any Indian connection is a matter wholly within the appealing parent's knowledge and disclosure is a matter entirely within the parent's present control. . . . . . . In the absence of a representation of Indian heritage, there can be no prejudice and no miscarriage of justice requiring reversal." (Id. at p. 1431.)