CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........Notice
............Notice Properly Given
9 Cards On This Topic:
  • ICWA noticing valid where last revised notices were mailed to designated agents listed on previous published Federal Register list and received before new list was published.
  • In 3d ICWA notice appeal, notice adequate and order terminating parental rights aff'd. Parents' counsel, C's counsel and DCFS share responsibility to advise trial court of notice deficiencies.
  • Juvenile court did not err by refusing to order new ICWA notice when F claimed for first time at termination hearing he was Mohican where he never before named a tribe and it was determined 11 mos. prior that ICWA did not apply.
  • Where relevant tribes and BIA given notice by SSA twice, and each time several failed to respond, this was sufficient to support finding ICWA did not apply and C was not an Indian child.
  • ICWA tribal notice must include categories of information, if known, in BIA Guidelines at 25 CFR, §23.11(d)(3), including, but not limited to, name of child's grandparents.
  • In parental rights termination case, record adequately established compliance with relevant notice provisions of ICWA.
  • Even had SSA not met ICWA notice reqs, error harmless where no evidence C, on life support, was Indian, or would ever appreciate or benefit from cultural heritage.
  • Proper notice to some but not all possible tribes in which dependent child may be eligible for membership does not violate ICWA provided BIA also receives notice per 25 USC §1912.
  • ICWA, in general.