In re Anaya J.G., a Minor 

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
No. 1-10-0132
Decision Date: 
Friday, July 30, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
LAVIN
Notice provisions of Indian Child Welfare Act were not applicable to termination of parental rights hearing where there was some evidence that minor's maternal grandmother may have been affiliated with the Cherokee tribe. Minor's biological mother and father are not members of an Indian tribe, and made only bare assertions that grandmother was of Cherokee descent; thus, there was insufficient evidence that minor was a member of an Indian tribe. Best interest determination is supported by manifest weight of evidence; even though cultural differences between minor and foster parents, a nurturing and positive environment was provided, and biological mother was inconsistent in her participation and contact with minor. (TOOMIN and HOWSE, concurring.)