Judge Tip

Counsel for the child and parents also arguably have a duty to investigate whether the child is eligible for membership in a tribe as part of counsel’s duty to “investigate the interests of the child beyond the scope of the juvenile proceeding.” (Welf & I C §317(e).) Counsel for the parent should investigate the child’s eligibility for tribal membership anyway, since Indian status for the child would give the parent protections under ICWA during the proceedings and might confer eligibility for tribal services. (Welf & I C §317(e).)