Free ICWA-005-INFO.v10 101007 mc.ofm - California

ICWA-005-INFO

INFORMATION SHEET ON INDIAN CHILD INQUIRY ATTACHMENT AND NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD
This is an information sheet to help you fill out forms ICWA-010(A), Indian Child Inquiry Attachment, and ICWA-030, Notice of Child Custody Proceeding for Indian Child.

ICWA-010(A), Indian Child Inquiry Attachment
You are responsible for helping to find out if the child is or may be an Indian child and filling out the information requested on ICWA-010(A), Indian Child Inquiry Attachment. These are important responsibilities because if the child is an Indian child, you and the court will need to take specific steps to prevent the breakup of the child's Indian family. Also, if the child is an Indian child, he or she has a right to receive resources and services that are culturally specific to the Indian child's family. The court will check to make sure that the child is receiving these services. Tips on how to fill out ICWA-010(A), Indian Child Inquiry Attachment 1. Try to find contact information for the child's parents, child's Indian custodian if the child is living with an Indian person, the child's grandparents, and great-grandparents. 2. Contact the child's parents, child's Indian custodian if the child is living with an Indian person, the child's grandparents, and great-grandparents and ask them these questions: a. Is the child a member of a tribe, and if they think he or she might be, then which tribe or tribes? b. Are they members of a tribe, and if they think they might be, which tribes? c. Does the child or his or her parents live in Indian country? d. Does the child or any of his or her relatives receive services or benefits from a tribe, and if yes, which tribe? e. Does the child or any of his or her relatives receive services or benefits available to Indians from the federal government? 3. If you are in touch with any of the child's relatives, ask them the same questions. The court clerk's office cannot file your petition unless you have filled out and attached to the petition form ICWA-010(A), Indian Child Inquiry Attachment. This does not apply to a petition filed under Welf. & Inst. Code, sections 601 or 602.

ICWA-030, Notice of Child Custody Proceeding for Indian Child
After taking the steps to find out if the child is an Indian child, if you have reason to know that the child is an Indian child, then you (or the court investigator if you are related to the child and you are asking the court to appoint you as the child's guardian) must let the child's tribe or tribes know about the case. If you let the tribe or tribes know, they can investigate and let you and the court know if the child is in fact an Indian child and can then decide whether to get involved in the case or assume tribal jurisdiction. Some tips to help you figure out if there is reason to know the child is an Indian child 1. If the child, an Indian tribe, an Indian organization, an attorney, a public or private agency, or a member of the child's extended family says or provides information to anyone involved in the case that the child is an Indian child; 2. If the child, the child's parents, or an Indian custodian live in a predominately Indian community; or 3. If the child or the child's family has received services or benefits from a tribe or services that are available to Indians from tribes or the federal government, such as the Indian Health Service. These are just a few of the reasons to know or give you reason to know that a child is an Indian child. There also may be other information that would give you reason to know that the child is an Indian child.

Page 1 of 2 Form Approved for Optional Use Judicial Council of California ICWA-005-INFO [New January 1, 2008]

INFORMATION SHEET ON INDIAN CHILD INQUIRY ATTACHMENT AND NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD

www.courtinfo.ca.gov

American LegalNet, Inc. www.FormsWorkflow.com

ICWA-005-INFO Who do you need to notify? If you have reason to know that the child is an Indian child, then you must give notice to the following: 1. Child's parents, including adoptive parents; 2. Child's Indian custodian (if the child is living with an Indian person who has legal custody of the child under tribal law or custom or under state law, or if the parent asked the Indian custodian to take care of the child); 3. Child's tribe or tribes; and 4. Sacramento Area Director, Bureau of Indian Affairs, Federal Office Building, 2800 Cottage Way, Sacramento, California 95825 (if the parents, Indian custodian, or tribe cannot be determined or located). Tip on how to find the address for the child's tribe or tribes: The Secretary of the Interior periodically updates and publishes in the Federal Register (21 CFR 23.12) a list of tribe names and addresses. The Bureau of Indian Affairs also keeps a list. Another source is a list maintained by the California Department of Social Services on their Web site at: www.childsworld.ca.gov/Res/pdf/alphatribe.doc. That list is very helpful, but not official, nor is there any authority to use the addresses in the state list over different agents for services listed in the Federal Register. Be sure to complete ICWA-030, Notice of Child Custody Proceeding for Indian Child, and file the form with the court. Copy to the Secretary of the Interior and the Area Director of the Bureau of Indian Affairs If you know the identity and location of the parent, Indian custodian, and the tribe(s), then when you send notice to the parent, Indian custodian, and the tribe(s), you must also send a copy of the notice to The Secretary of the Interior at 1849 C Street, N.W., Washington, D.C. 20240 and a copy to the Sacramento Area Director, Bureau of Indian Affairs, Federal Office Building, 2800 Cottage Way, Sacramento, CA 95825. Copy to the Area Director of the Bureau of Indian Affairs If you do not know the identity and location of the parent, Indian custodian, and the tribe(s), then you must send a copy of the notice to the Sacramento Area Director, Bureau of Indian Affairs, Federal Office Building, 2800 Cottage Way, Sacramento, CA 95825. In order to establish tribal identity, provide as much information as possible, including name of child, birthdate, and birth place; name of tribe(s); all known relatives with addresses and other identifying information; and a copy of the petition. How do you notify everyone and prove to the court that you have? If you do not have an attorney and are representing yourself, the court clerk will do this for you. If you do have an attorney, it is important that your attorney or you follow these steps exactly: 1. Someone over 18--not you or anyone else who signed the petition--needs to go to the post office and send by registered or certified mail, with return receipt requested the following forms: a. Petition; b. ICWA-010(A), Indian Child Inquiry Attachment; and c. ICWA-030, Notice of Child Custody Proceeding for Indian Child. 2. The person who did step (1) above, must fill out the information requested on page 7 of form, ICWA-030, Notice of Child Custody Proceeding for Indian Child. 3. Go to the clerk's office and file with the court your proof that you have given notice to everyone listed above and on page 10 of ICWA-030, Notice of Child Custody Proceeding for Indian Child. Your proof must consist of the following: a. Copies of what you sent (the petition, ICWA-010(A), Indian Child Inquiry Attachment, and ICWA-030, Notice of Child Custody Proceeding for Indian Child); b. All return receipts both given to you by the post office and returned from the mailing; and c. All responses you receive from the child's parents, the child's Indian custodian, the child's tribe or tribes, and the Bureau of Indian Affairs. Please note that you are subject to court sanctions if you knowingly and willfully falsify or conceal a material fact concerning whether the child is an Indian child or counsel a party to do so. (Welf. & Inst. Code, § 224.2(e).)
ICWA-005-INFO [New January 1, 2008]

INFORMATION SHEET ON INDIAN CHILD INQUIRY ATTACHMENT AND NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD

Page 2 of 2