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     Module 2      Initial Inquiry

“Yes” Determination From Tribe

Court’s Finding

If, at any time in the progress of a case (including a delinquency case described by Rule 5.480(2)), a federally recognized tribe determines that the child is a member or eligible for membership, the judge should find that ICWA applies to the case and that all ICWA requirements must be met throughout the case (regardless of whether the tribe responds to notice). (Welf & I C §§224(c), 306.6.)

In a dependency proceeding involving a child who would be classified as an Indian child under ICWA except for the unrecognized status of the child’s tribe, the judge may permit the tribe to participate in the proceeding upon its request. (Welf & I C §306.6.)

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Pursuit of Membership

If the tribe indicates “that the child is eligible for membership if certain steps are followed,” the judge also must “direct the appropriate individual or agency to provide active efforts under rule 5.484(c) to secure tribal membership for the child.” (Cal Rules of Ct 5.482(c).)

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