| D. Hearing Following Notice |
| 25
U.S.C. § 1912(a) People in Interest of L.O.L., 197 P.3d 291 ( |
No
proceeding
to place a child in foster care or to terminate rights may be held
until at
least ten days after the parent and the tribe received notice of the
hearing.
|
| People
in Interest of N.D.C., ___ P.3d ___ ( |
The
court
need not wait for a response from the tribe to hold a hearing, however,
if
those ten days post receipt have passed.
|
| People
in Interest of L.O.L., 197 P.3d 291 ( People In Interest of P.A.M., 961 P.2d 588 ( |
If
no tribe
indicates it wishes to intervene within the ten days after notice has
been
sent, the court should not use the higher burden of proof, because
there is no
evidence that the child is an Indian child.
|
|
25 U.S.C. § 1912(a) |
On
request,
the parent, Indian custodian, or tribe shall be granted up to twenty
additional
days to prepare for the hearing.
|