CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........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.