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.