CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........Notice
............Notice Improperly Given
 19 Cards On This Topic:
  • Under the ICWA and W&IC §224.2(a)(3), juvenile ct. holding dependency proceedings must give notice to all federally recognized tribes within the general umbrella identified by child’s parents or relatives.
  • Remand required for ICWA determination where both HHSA and court failed to gather information and clarify mother's conflicting claims of Indian heritage in order to give proper notice, if any, to tribes.
  • Remand required to ensure compliance with ICWA where notice requirements not satisfied because of juvenile court's mistaken assumptions that proper notice had been given and findings made in a dismissed case.
  • Remand required for HHSA to consult with BIA re C's Apache heritage, provide proper notice to any prospective tribes and BIA, and file papers with court; new W&IC 366.26 required whether or not ICWA applicable.
  • Limited reversal required where HHSA did not provide Cherokee tribes notice of dependency proceedings although it knew of C's Indian heritage.
  • ICWA notice defects constitute reversible error where no record of actual notice to one tribe and notice sent to another tribe at wrong address.
  • CFS required to send ICWA notice to all federally recognized Cherokee and Sioux tribes, even though it provided proper notice to BIA; notice must be addressed to tribal chairperson or other designated agent.
  • Where no ICWA notice, juvenile court's orders vacated because based on different standards than would have been applied had ICWA notice been provided and shown Cs to be Indian children.
  • Juv. court may terminate parental rights only if it finds DCFS complied with ICWA notice requirements; additional evidence DCFS requested not authenticated and mother not present at referenced hearings to test authenticity.
  • F's challenge to sufficiency of adoptability finding rejected where C living with adoptive parents who met all requirements, her problems under control and nothing but inept handling of ICWA notice stood in way of adoption.
  • Remand req'd for proper ICWA notice where notice sent to non-recognized tribe but not others; no sign notice sent to BIA or other notices sent by registered mail/RRR; notices didn't contain required information.
  • Juvenile ct.'s finding ICWA did not apply could not stand without proof of proper notice to tribe and BIA.
  • Judgment terminating parental rights reversed where juvenile ct. did not determine whether or not SSA complied with ICWA notice requirements.
  • Juvenile court failed to obtain sufficient information to comply with notice provisions of ICWA.
  • Reversible error not to file ICWA notice with court where no suggestion in the appellate record that the notice sent to the tribe contained the required information.
  • Social Services notice to tribes inadequate where dept. failed to submit notice documentation to court for its review; second Marinna J. requirement not met.
  • Remand required where juvenile ct. did not comply with notice requirements of ICWA.
  • Reversal required and prior orders invalid where statutory notice of dependency proceedings not given to Indian tribe where possibility existed child was tribe member.
  • Failure to give proper notice to Tribe requires reversal; Tribe’s awareness of proceedings does not excuse compliance with notice requirements.


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