E.  Department Checklist for Dispositional Hearing




If there has been no finding the child is an Indian child:
  • Send the notice with the information available to the relevant tribes or to the BIA.  If anything is known about potential Indian heritage, send that information, even if the parent has not returned the ICWA form and indicate that information is the only information within the department’s possession.
  • Ensure that notice is received by the tribe, tribes or BIA at least ten days before the scheduled hearing.
  • Ensure that the notice complies with 25 C.F.R. § 23.11(d) and (e).
  • File the notices and return receipt cards (or copies thereof) with the court.

If the child has been found to be an Indian child: 

  • Send the notice of the hearing.  If the tribe indicates it will accept the notices sent to other parties, send the hearing notice.  If not, send notice that complies with 25 C.F.R. § 23.11(d) and (e).
  • Ensure that notice is received by the tribe, tribes or BIA at least ten days before the scheduled hearing.
  • File the notices and return receipt cards (or copies thereof) with the court.
  • Request the court make appropriate findings.

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, if the parent originally asserts no Indian heritage, and the court makes an appropriate finding, but the parent later reveals Indian or possible Indian heritage.