| D. Jurisdiction and Orders |
| 25 U.S.C. § 1914 |
The
parents,
Indian custodian, or tribe may petition to invalidate orders placing a
child in
foster care or terminating parental rights if the state fails to comply
with
the provisions of 25 U.S.C. §§ 1911, 1912 and/or 1913.
|
| 25 U.S.C. § 1920 |
If
a
petitioner in an Indian child custody proceeding before a state court
has
improperly removed the child from the custody of the parent or Indian
custodian
or has improperly retained custody after a visit or other temporary
relinquishment of custody, the court shall decline jurisdiction over
such a petition
and shall return the child to the parent or Indian custodian unless
doing so
subjects a child to a substantial and immediate danger or threat of
such
danger.
|
| C.R.S. § 19-1-126(1)(a) B.H. v. People in Interest of X.H., 138 P.3d 299 ( |
In
any
D&N proceeding, termination of parental rights proceeding, and
pre-adoptive
and adoption proceedings, the petitioning or filing party must make
continuing
inquiries to determine whether the child who is the subject of the
proceeding
is an Indian child and, if so, determine the identity of the Indian
child’s
tribe.
|
| C.R.S. § 19-1-126 (2) |
If
the
complaint, petition, or other commencing proceeding does not disclose
whether
the child who is the subject of the proceeding is an Indian child, the
court
must ask the parties at the first hearing whether the child is an
Indian child
and, if so, whether the parties have complied with the ICWA.
|
| People
in Interest of J.O., 170 P.3d 840 ( |
A
parent’s
failure to return an assessment form timely does not eliminate the duty
of
notice and further inquiry.
|