When Is Notice Required?
Related resource: "Inquiry and Notice" PowerPoint
ICWA notice is required when any of the following entities or persons in a case covered by ICWA knows or has reason to know that the child in the case is an Indian child as defined in ICWA:
- The court or social worker in juvenile dependency proceedings (Welf & I C §224.2(a); Cal Rules of Ct 5.481(b));
- The court or probation officer in juvenile delinquency cases where the child is in foster care or at risk of entering foster care and (1) the proceedings are based on conduct that would not be a crime if committed by an adult, (2) the court is contemplating terminating parental rights, or (3) the court has found that the foster care placement is based entirely on conditions within the child’s home; or
- The court or the party seeking a foster care placement, guardianship, or adoption in a Family Code or Probate Code proceeding (Fam C §§177, 180; Prob C §§1459.5,1460.2(a); Cal Rules of Ct 5.481(b)).
Ideally, the information that a child is or may be an Indian emerges at the beginning of a case, through initial inquiry. But notice duties are mandatory regardless of how late in the proceedings reason to know that the child may be an Indian child develops. (See In re Kahlen W. (1991) 233 CA3d 1414, 1429.)