• If the parent has disclosed Indian or potential Indian heritage, confirm that notice was received by the tribe or tribes more than ten days before the hearing.
• Confirm that the notices and return receipt cards (or copies thereof) were filed.
• Verify that the notices complied with 25 C.F.R. § 23.11(d) and (e).
• If the parent has disclosed Indian or potential Indian heritage, but nothing appears in the file, inquire about the issue.
• If the problem is that the parent has not returned the requisite forms, order the parent to comply forthwith.
• Delay the hearing if necessary to comply with the ICWA.

If the child has been found to be an Indian child (assuming no motion to transfer has been made, or that such motion has been denied):

• Confirm that notice was received by the tribe or tribes more than ten days before the hearing.
• Confirm that the notices and return receipt cards (or copies thereof) were filed.
• If appropriate (i.e., to place the child in foster care), based on the evidence before you, find, supported by clear and convincing evidence, that:
• Active efforts were made to provide remedial services and rehabilitative programs to prevent the break up of the Indian family and those efforts were unsuccessful.
• The continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.  This finding must be supported by the testimony of a qualified expert witness.

If there has been a finding the child is not an Indian child:

• Check that no new information has surfaced that would bring this finding into doubt or would trigger the need to send notice.  For example, the parent may originally assert there is no Indian heritage, and the court may make such finding, but the parent later reveals Indian or possible Indian heritage.