CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........Applicability
............ICWA Applies
4 Cards On This Topic:

ICWA notice provisions apply when Cs' presumed F alleges his ••adoptive•• father has 1/4 ancestry in a federally recognized Indian tribe.

Since SW did not file ICWA notices, copies, and return receipts, error for court to conclude ICWA did not apply because it had insufficient information to reach such conclusion.

ICWA applies to illegitimate Indian child, even if Indian father not presumed father.

Applicability of ICWA unrelated to whether child has developed identification as an Indian.