CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........Jurisdiction
7 Cards On This Topic:

As the trial court lacked jurisdiction to rule on an ICWA issue after terminating parental rights, its postjudgment ICWA order was void, the appeal not moot, and limited reversal/remand required for ICWA violations.

Failure to abide by 10-day notice requirement of ICWA is not jurisdictional error.

No preemption of Cal.’s de facto parent doctrine by ICWA where no conflict between them. Former stepfather is "extended family"; ICWA does not give custodial preference to Indian.

ICWA gives parent of Indian child not domiciled on reservation veto power over transfer of jurisdiction to tribe in foster care or termination proceeding.

ICWA does not preempt juvenile court subject matter jurisdiction. Superior court cannot invalidate order of juvenile court.

Factors justifying denial of transfer of termination proceeding to tribal courts.

Tribal intervention in dependency proceedings should precede permanency planning.