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 if (1) the proceeding is 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. (Welf & I C §224.2; Cal Rules of Ct 5.481(b), 5.482.) Notice must be sent for all hearings including:
- 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.