CHILDREN AND THE LAW
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Dependency Petitions
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Indian Child Welfare Act (ICWA)
.........Notice & Transfer to Tribe
3 Cards On This Topic:
Notice and transfer of Indian children removed from their parents to tribe.
Order terminating mother's parental rights reversed where DPSS failed to follow ICWA requirements when notifying BIA and 3 federally recognized Cherokee tribes of proceedings based on facts stated by father.
Absent good cause to deny petition to transfer jurisdiction to tribe, court exceeded its jurisdiction in terminating parental rights, violating state and federal statutory scheme and offending public policy.