Family
In family law:
[Line breaks added.] (Fam C §170(c).)
In such cases the following entities have a duty to inquire about the child’s Indian status:
- Court
- Court-connected investigator
- Petitioner
- Adoption service provider
- Licensed adoption agency
For the petitioner, adoption service provider, or adoption agency, the duty of initial inquiry arises before the petition is filed. (Welf & I C §224.3(a); Fam C §177(a), §3041(e); Cal Rules of Ct 5.481(a); Guideline B.5.)
The duties of a petitioner for adoption include:
- Completing item 7 on Form ADOPT-200, Adoption Request, and attaching Form ICWA-010(A) to the request; and
- If there is evidence of Indian ancestry, attaching Form ADOPT-220, Adoption of Indian Child.
If there is reason to know, the petitioner seeking foster care placement, guardianship, or adoption under the Family Code has a statutory duty to send ICWA notice of (Fam C §180; Welf & I C §224.2; Cal Rules of Ct 5.481, 5.482):
- All proceedings—including proceedings for voluntary relinquishments under Fam C §8700 and execution of adoption placement agreements under Fam C §8801.3 (Fam C §8620(a)).
On request, the parents, Indian custodian, or tribe has the right to 20 additional days to prepare for the hearing. (Fam C §180(e); Cal Rules of Ct 5.482(a)(3).)
