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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.
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