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     Module 4      Examples

Juvenile Dependency

When a dependency petition is filed—or is to be filed—under Welf & I C §300, the following entities have a duty to immediately inquire about a child’s Indian status (Welf & I C §224.3(a); Cal Rules of Ct 5.481(a); Guideline B.5):

Judge Tip



At any point, if information is received suggesting that the child is or may be an Indian (reason to know), all inquiry duties must be promptly completed. (Welf & I C §224.3(f); Cal Rules of Ct 5.481(a); see In re Jonathon D. (2001) 92 CA4th 105, 111.)

The party who conducts inquiry attaches Form ICWA-010(A) to Form JV-100, Juvenile Dependency Petition (Version One), or to Form JV-110, Juvenile Dependency Petition (Version Two).

If there is reason to know, the social worker has statutory duties to send notice of:

On request, the parents, Indian custodian, or tribe has the right to 20 additional days to prepare for the hearing, with the exception of detention hearings. (Cal Rules of Ct 5.482(a)(3).)

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