K.  Department Checklist for Termination Hearing





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.