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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED
FAMILY LAW FORM 12.981(a)(5),
INDIAN CHILD WELFARE ACT AFFIDAVIT (11/15)
When should this form be used?
This form should be used in cases involving stepparent adoption of a child. This
affidavit is required .
This form should be typed or printed in black ink. After completing this form, you
should sign the form before a notary public or deputy clerk . You should then file
the original with the clerk of the circuit court in the county where the petition
was fled and keep a copy for your records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings,
and documents be fled electronically except in certain circumstances. Self-
represented litigants may file petitions or other pleading or documents
electronically; however, they are not required to do so. If you choose to fle
your pleadings or other documents electronically, you must do so in accordance
with Florida Rule of Judicial Administration 2.525, and you must follow the
procedures of the judicial circuit in which you fle. The rules and procedures
should be carefully read and followed.
What should I do next?
A copy of this form must be mailed, e-mailed, or hand delivered to the other party
in your case, if it is not served on him or her with your initial papers.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the
Sherif or certifed process server, the Florida Rules of Judicial Administration now
require that all documents required or permitted to be served on the other party
must be served by electronic mail (e-mail) except in certain circumstances. You
must strictly comply with the format requirements set forth in the Rules of
Judicial Administration. If you elect to participate in electronic service, which
means serving or receiving pleadings by electronic mail (e-mail), or through the
Florida Courts E-Filing Portal, you must review Florida Rule of Judicial
Administration 2.516. You may fnd this rule at www.flcourts.org through the link to
the Rules of Judicial Administration provided under either Family Law Forms: Getting
Started, or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL;
HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant
elects to serve and receive documents by e-mail, the procedures must always be
followed once the initial election is made.
Instructions for Florida Supreme Court Approved Family Law Form 12.981(a)(5),
Indian Child Welfare Act Affidavit (11/15)
To serve and receive documents by e-mail, you must designate your e-mail
addresses by using the Designation of Current Mailing and E-mail Address ,
Florida Supreme Court Approved Family Law Form 12.915, and you must provide
your e-mail address on each form on which your signature appears. Please
CAREFULLY read the rules and instructions for: Certificate of Service (General,,
Florida Supreme Court Approved Family Law Form 12.914; Designation of
Current Mailing and E-mail Address , Florida Supreme Court Approved Family
Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read General Information for Self-
Represented Litigants found at the beginning of these forms. The words
that are in bold underline in these instructions are defned there.
Special notes...
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer
helps you fll out these forms, that person must give you a copy of a Disclosure
from Nonlawyer , Florida Family Law Rules of Procedure Form 12.900 (a), before
he or she helps you. A nonlawyer helping you fll out these forms also must put his
or her name, address, and telephone number on the bottom of the last page of
every form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.981(a)(5),
Indian Child Welfare Act Affidavit (11/15)
IN THE CIRCUIT COURT OF THE __________________ JUDICIAL CIRCUIT,
IN AND FOR _________________________ COUNTY, FLORIDA
Case No.: ____________________
Division: _____________________
IN THE MATTER OF THE ADOPTION OF
______________________________________________,
{use name to be given to the minor child(ren)} Adoptee(s).
INDIAN CHILD WELFARE ACT AFFIDAVIT
I, {full legal name} ___________________________________, being sworn, certify that the
following statements are true:
Upon information and belief the child ____________________________________
{name} subject to this proceeding : {choose one only}
1. _____ is not an Indian child. The Indian Child Welfare Act does not apply to
this proceeding.
2. _____ is an Indian child within the meaning of the Indian Child Welfare Act of
1978 (25 U.S.C. Section 1901 et seq.).
I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( )
e-mailed ( ) hand-delivered to the person(s) listed below on {date}
____________________.
Other party or his/her attorney:
Name: __________________________________
Address: _________________________________
City, State, Zip: ____________________________
Fax Number: ______________________________
Designated E-mail Address(es): _______________
_________________________________________
I understand that I am swearing or affirming under oath to the
truthfulness of the claims made in this affidavit and that the punishment
for knowingly making a false statement includes fines and/or
imprisonment.
Dated: ____________________
_______________________________________
Signature of Party
Printed Name:
___________________________
Address:
_______________________________
City, State, Zip:
__________________________
Florida Supreme Court Approved Family Law Form 12.981(a)(5), Indian Child
Welfare Act Affidavit (11/15)
Telephone Number:
______________________
Fax Number:
____________________________
Designated E-mail Address(es):
_____________
_______________________________________
STATE OF FLORIDA
COUNTY OF _________________
Sworn to or affirmed and signed before me on __________ by
__________________________________ .
NOTARY PUBLIC or DEPUTY CLERK
{Print, type, or stamp commissioned name
of notary or clerk.}
_____ Personally known
_____ Produced identifcation
Type of identifcation produced _________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN
THE BLANKS BELOW:
[fll in all blanks] This form was prepared for the: {choose only one } ( ) Petitioner
( ) Respondent
This form was completed with the assistance of:
{name of individual}
___________________________________________________________________ ,
{name of business}
____________________________________________________________________ ,
{address}
____________________________________________________________________________ ,
{city} ____________________ , {state} _____ , {zip code} __________ , {telephone
number} ____________.
Florida Supreme Court Approved Family Law Form 12.981(a)(5), Indian Child
Welfare Act Affidavit (11/15)
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