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If there has
been no finding the child is Indian child and no tribe has previously
responded:
- Send the
notice with the information available to the relevant tribes or the BIA. If anything is known about potential Indian
heritage, send that information, even if the parent has not returned the ICWA
form.
- 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.
- Seek a
continuance if appropriate.
If the child
has been found to be an Indian child and the tribe has intervened: - Send notice
so that it is received by the tribe or tribes more than ten days before the
hearing. If the tribe agrees that it
will accept notice sent to other parties, send the regular notice; if the tribe
does not, make sure the notice complies with 25 C.F.R. § 23.11(d) and (e).
- File the
notices and return receipt cards (or copies thereof).
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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