L.  Respondent Parent Counsel Checklist for Termination Hearing




If there has been no finding the child is Indian child and no tribe has previously responded:

  • Check the notice with the information available to the relevant tribes or the BIA was sent.
  • Check that notice is received by the tribe, tribes or BIA at least ten days before the scheduled hearing.
  • Check that the notice complies with 25 C.F.R. § 23.11(d) and (e).
  • Check that the notices and return receipt cards (or copies thereof) were filed with the court.
  • Ensure your client has provided all necessary information to the caseworker/department.
  • Seek a continuance if appropriate.

If the child has been found to be an Indian child and the tribe has intervened:

  • Check that appropriate notice was received by the tribe or tribes more than ten days before the hearing. 
  • Check that the notices and return receipt cards (or copies thereof) were filed with the court.

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.