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If
there has
been no finding the child is an Indian child and no tribe has
previously
responded:
- 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.
- Make
necessary findings about whether child is an Indian child if no finding
has
been made.
- Delay the
hearing if necessary to comply with the ICWA.
If
the child
has been found to be an Indian child and the tribe has intervened:
- 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, based on the evidence before you, find beyond a reasonable
doubt
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.
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