When a petition is filed under Welf & I C §601 or §602, the following entities have a duty to inquire about a child’s Indian status at any point in the proceedings that the child is at risk of entering foster care (Welf & I C §224.3(a); Cal Rules of Ct 5.481(a); Guideline B.5):
- Probation officer
- Attaching Form ICWA-010(A) to Form JV-600, Juvenile Wardship Petition, on which item 2 documents the inquiry.
From the point at which a probation officer identifies a risk of foster care in a case in which there is reason to know, he or she has a statutory duty to send notice of (Welf & I C §224.2; Cal Rules of Ct 5.481(b), 5.482):
- Family maintenance 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)).
If they request it, the parents, Indian custodian, or tribe has the right to 20 additional days to prepare for a hearing. There are two exceptions, however, in addition to the detention hearing (Cal Rules of Ct 5.482(a)(3)):
- The court need not grant a continuance of the jurisdiction hearing if it would violate the child’s right to a speedy trial.
- If good cause not to delay is shown, the court need not grant a continuance of the disposition hearing. Good cause may include evidence of the probation officer's recommendation to release the child to a parent or to a less restrictive placement.