CHILDREN AND THE LAW
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Dependency Petitions
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Indian Child Welfare Act (ICWA)
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Notice
............Procedure
7 Cards On This Topic:
New ICWA notice statutes cannot be applied retroactively.
Where info on C's great-great GF known, it must be included on the ICWA-030 even though no preprinted line for it; ICWA notice must be given tribes so court can determine standard applicable to guardianship.
Failing to send information on JC-135 re non-Indian mother's place of birth and relatives' names was harmless error.
ICWA notice provisions apply in involuntary proceedings where mother's unfitness could result in temporary foster home placement of minor.
Court erred in terminating parental rights without proof of proper notice to tribe per ICWA; Court of Appeal outlines proper notice procedures.
ICWA tribal notice inadequate because not served at least 10 days before W&IC §366.26 hearing.
Procedure for providing notice when Indian status or location of Tribe uncertain.