CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........Augmenting Appellate Record
3 Cards On This Topic:
  • Remand for compliance with ICWA notice reqs necessitated where DHS presented no evidence in juvenile court and could not then move on appeal for consideration of additional evidence on notice.
  • Juvenile court's failure to timely file notices sent to tribes was harmless error where record augmented on appeal; finding that ICWA did not apply was premature, but not prejudicial.
  • Although social worker had ready access to grandmother, ICWA notices contained no information about her or her mother's Indian heritage, tribes could not conduct meaningful search and notice provisions not satisfied.