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):

• Court
  
  
• Child welfare department social worker

 

 

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:

• Family maintenance review hearings under Welf & I C §364 (Welf & I C §292(f));
  
  
• Status review hearings when the child is in out-of-home placement under Welf & I C §366.21 or §366.22 (Welf & I C §293(g));
  
  
• Selection and implementation hearings under Welf & I C §366.26 (Welf & I C §294(i)); and
  
  
• Post-permanency review hearings under Welf & I C §366.3 (Welf & I C §295(g)).

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).)