Fill and Sign the Information Sheet on Indian Child Inquiry Attachment and

ICWA-005-INFO INFORMATION SHEET ON INDIAN CHILD INQUIRY ATTACHMENTS AND NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD You are responsible for helping to find out if the child is or may be an Indian child and fillin g out the information requested on ICWA-010(A), Indian Child Inquiry Attachment or on page 5 of GC-210(CA), Guardianship Petition—Child Information Attachment. This is important because if the child is an Indian child, specific steps must be taken to prevent the breakup of the child's Indian family and to obtain for the child resources and services that are culturally specific to the child's family. The court will check to make sure that the child receives these re sources and services. Page 1 of 2 Judicial Council of California ICWA-005-INFO [Rev. July 1, 2012] Some tips to help you figure ou t if you have a reason to know the child is an Indian child ICWA-010(A), Indian Child Inquiry Attachment or page 5 of form GC-210(CA), Guardianship Petition—Child Information Attachment This is an information sheet to help you fill out form ICWA-010(A), Indian Child Inquiry Attachment or, in a probate guardianship, page 5 of form GC-210(CA), Guardianship Petition—Child Information Attachment; and form ICWA-030, Notice of Child Custody Pr oceeding for Indian Child. Tips on how to fill out ICWA-010(A), Indian Child Inquiry Attachment or page 5 of GC-210(CA), Guardianship Petition—Ch ild Information Attachment Try to find contact information for the child’s parents or other legal guardian, the child's Indian custodian (if the child is living with an Indian person other than a parent), and the child's grandparents and great-grandparents. 1. Contact the child's parents or other legal guardian, and the child's Indian custodian, and ask them (and the child, if he or she is old enough) these questions: 2. a. Is the child a member of a tr ibe, and if they think he or she might be, then which tribe or tribes? b. Are they members of a tribe, and if they think they might be, which tribes? c. Does the child or the child’s parents live in Indian country? d. Does the child or any of the child’s relatives receive services or benefits from a tribe, and if yes, which tribe? If you are in touch with any of the child’ s relatives, ask them the same questions. 3. The court clerk’s office cannot file your petition unless you ha ve filled out and attached to the petition form ICWA-010(A), Indian Child Inquiry Attachment. This does not apply to a petition for appointment of a guardian in a probate guardianship or a petition filed in the juvenile court under Welfare and Institutions Code sections 601 or 602. ICWA-030, Notice of Child Custody Pr oceeding for Indian Child After taking the steps listed above to find ou t whether the child is an Indian child, if you know or have reason to know that the child is an Indian child, you must noti fy the tribe or tribes that may have a connection with the child about your court case. Tribes that learn of the case can investigate and advise you and the court whether the child is a tribal member or eligible to become a tribal member, and can then decide whethe r to get involved in the case or assume tribal jurisdiction. You give notice to the child’s tribe or tribes and the other persons and the organization listed at the top of the second page of this form by sending th em filled-out copies of ICWA-030, Notice of Child Custody Proceeding for Indian Child (the “Notice”), together with the other documents listed at the bottom of that page. If the child, an Indian tribe, an Indian organization , an attorney, a public or private agency, or a member of the child’s extended family says or provides information to anyone involved in the case that the child is an Indian child; 1. If the child, the child’s parents, or an Indian custodian live in a predominately Indian community; or 2. If the child or the child’s family has re ceived services or benefits from a tribe or services that are available to Indians from tribes or the federal government, such as the Indian Health Service. 3. INFORMATION SHEET ON INDIAN CHILD INQUIRY ATTACHMENTS AND NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD e. Does the child or any of the child’s relatives receive services or benefits available to Indians from the federal government? These are just a few of the facts that would give you reason to know that a child is an Indian child. There also may be other information that would give you reason to know that the child is an Indian child. Form Approved for Optional Use ICWA-005-INFO [Rev. July 1, 2012]Page 2 of 2 ICWA-005-INFO INFORMATION SHEET ON INDIAN CHILD INQUIRY ATTACHMENTS AND NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD Child’s tribe or tribes; and 3. Sacramento Area Director, Bureau of Indian Affairs, Federal Office Building, 2800 Cottage Way, Sacramento, California 95825 (if the parents, Indian custodian, or tribe cannot be determined or located). 4. Tip on how to find the address for the child's tribe or tribes The Secretary of the Interior periodically updates and publishes in the Federal Register (see 25 C.F.R. 23.12), a list of tribe names and addresses. The Bureau of Indian Affairs al so keeps a list. You can link to the Federal Register list, another list of tribes maintained by the California Department of Social Services, and other resources related to ICWA, on the California Department of Social Services website at http://www.childsworld.ca.gov/PG2070.htm. The list of tribes maintained by the Department of Social Services is very helpful but it is not official , nor is there any authority to use the addresses in that list over different agents for service listed in the Federal Register. If the official list and the state's l ist differ on a tribal address, it is a good idea to send copies of the Notice and the other documents to both addresses. Copy to the Secretary of the Interior and the Area Director of the Bureau of Indian Affairs If you know the identity and location of the parent, Indian custodian, and the tribe or tribes, when you send the Notice to the parent, Indian custodian, and the tribe or tribes, you must also send a copy to the Secretary of the Interior at 1849 C Street, N.W., Washington, D.C. 20240 and a copy to the Sacr amento Area Director, Bureau of Indian Affairs, Federal Office Building, 2800 Cottage Way, Sacramento, CA 95825. How do you send the Notice and prove to the court that you have done so? Mail to the persons and organizations listed at the top of this page, by registered or certified mail, with return receipt requested, copies of the following filled-out and signed forms: 1. The person who does the mailing must fill out the information requested on page 10 of form ICWA-030, Notice of Child Custody Proceeding for Indian Child, and then date and sign the original form on page 9 . 2. Go to the court and file with the clerk of the court proof that you have given notice to everyone listed above and on page 10 of ICWA-030, Notice of Child Custody Proceeding for Indian Child. Your proof must consist of the following: 3. The original signed Notice (form ICWA-030) and copies of the documents you sent with it (the petition and form ICWA-010(A) or form GC-210(CA)); All return receipts given to you by the post office an d returned from the mailing; and All responses you receive from the child’s parents, the child’s Indian custodian, the child’s tribe or tribes, and the Bureau of Indian Affairs. Who do you need to notify? If you know or have reason to know that the child is an Indian child, you must send the Notice to the following: Child’s parents or other legal guardian, including adoptive parents; 1. Child’s Indian custodian (if th e child is living with an Indian person who has legal custody of the child under tribal law or custom, under state law, or if the parent asked that person to take care of the child); 2. Copy to the Area Di rector of the Bureau of Indian Affairs If you do not know the identity and location of the child’s parents, Indian cu stodian, and tribe or tribes, you must send copies of the Notice and the other documents to the Sacramento Area Director, Bureau of Indian Affairs, Federal Office Building, 2800 Cottage Way, Sacramento, CA 95825. In order to help establish the child’s tribal identity, provide as much information as possible, including the child’s name, birthdate, and birth place; the name of the tribe or tribes; the names of all of the child’s known relatives with addresses and other iden tifying information; and a copy of the petition in the case. Your petition; Form ICWA-010(A), Indian Child Inquiry Attachment or, in a probate guardianship case, form GC-210(CA), Guardianship Petition—Child Information Attachment; and Form ICWA-030, Notice of Child Custody Proceeding for Indian Child. Please note that you are subject to court sancti ons if you knowingly and willfully falsify or conceal a material fact concerning whether the child is an Indian child or counsel a party to do so. (Welf. & In st. Code, § 224.2(e).) If you have an attorney, he or she will complete the steps described below. If you are representing yourself without an attorney in a pr obate guardianship case, the court clerk will help you with steps 1 and 2 below, including doing the mailing and signing the certificate of mailing on page 9 of the Notice, but you must deliver copi es of the Notice and other documents listed in step 1 below to the court in addressed envelopes ready for mailing and then do step 3. b. c. a. b. c. a.