Appendix F Forms

• Library: The Indian Child Welfare Act Handbook: A Legal Guide to Custody and Adoption (ABA) (2018 Ed.)

Appendix F

Forms

MOTION TO INTERVENE

IN THE___ COURT FOR

___COUNTY, STATE OF ___

In the Matter of:___,

DOB:___,

A Person Under Eighteen Years of Age.

__________

Case No.

MOTION TO INTERVENE

COMES NOW the Petitioner, .___, the undersigned, and moves the Court to permit the Petitioner to intervene in this matter, a child custody proceeding involving an Indian child as defined by the Indian Child Welfare Act of 1978, 25 U.S.C. § 1903(1). As grounds for this motion, the Tribe states:

1. The child is an "Indian child" as defined by the Indian Child Welfare Act, 25 U.S.C. § 1903(4), in that the child is under age eighteen, date of birth___, and is a member of the Tribe, or is eligible for membership in the Tribe and the biological child of a member.

2. The___is an "Indian tribe" as defined by the Indian Child Welfare Act, 25 U.S.C. § 1903(8), and this fact is entitled to judicial notice by virtue of publication in the Federal Register [list most recent publication of tribes entitled to federal services and benefits].

3. The Tribe is "the Indian child's tribe" as defined by the Indian Child Welfare Act, 25 U.S.C. § 1903(5), in that the child is a member of, or eligible for membership in, the Tribe.

4. This is a child custody proceeding as defined by the Indian Child Welfare Act, 25 U.S.C. § 1903(1).

5. The Indian Child Welfare Act, 25 U.S.C. § 1911(c) and 25 C.F.R. §23.111(c)(6)(ii-iii), gives the Indian child's tribe the right to intervene in this proceeding.

WHEREFORE, Petitioner requests the Court to grant the Motion to Intervene in the above-captioned proceeding.

___, Signature

I hereby certify that a true and correct copy of this Motion was mailed to the opposing party, this___day of___, 20 ___.

By:

MOTION TO TRANSFER JURISDICTION AND DISMISS CASE

IN THE___ COURT FOR

___ COUNTY, STATE OF ___

In the Matter of:___,

DOB: ___,

An Indian Person Under Eighteen Years of Age.

__________

Case No.

MOTION TO TRANSFER JURISDICTION AND DISMISS THE CASE

COMES NOW the Petitioner, (parent, the Indian custodian, or the Indian child's Tribe), the undersigned, and petitions the Court to transfer this action (foster care proceeding or termination of parental rights proceeding unless state's version or interpretation of the ICWA allows transfer in other proceedings) to the___ Tribal Court, (city)___, (state)___, and to dismiss this state court proceeding pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1911(b). As grounds therefore, the Petitioner states:

1. The child is an "Indian child" as defined by the Indian Child Welfare Act, 25 U.S.C. § 1903(4), in that the child is under eighteen years of age, unmarried date of birth___, and the child is a member of the Tribe or is eligible for membership in the Tribe and the biological child of a member.

2. The___is an "Indian tribe" as defined by the Indian Child Welfare Act, 25 U.S.C. § 1903(8), and this fact is entitled to judicial notice by virtue of publication in the Federal Register, [list most recent publication of tribes entitled to federal services and benefits].

3. The Tribe is "the Indian child's tribe" as defined by the Indian Child Welfare Act, 25 U.S.C. § 1903(5), in that the child is a member of, or eligible for membership in, the Tribe.

4. This is a child custody proceeding as defined by the Indian Child Welfare Act, 25 U.S.C. § 1903(1).

5. The Indian Child Welfare Act, 25 U.S.C. § 1911(b), requires that the state court transfer this matter involving an Indian child to the jurisdiction of the Tribe, absent good cause to the contrary.

6. Good cause does not exist to deny transfer of this proceeding.

WHEREFORE Petitioner requests;

1. The Court to transfer the above-captioned proceeding to the ___Tribal Court,___(address),___ (city)___,___(state)___; and

2. The Court promptly notify the Tribal Court in writing of the filing of the transfer petition and request the Tribal Court to timely notify this Court as to whether the Tribal Court wishes to decline the transfer; and

3. If the Tribal Court accepts the transfer, this Court shall expeditiously provide the Tribal court with all records related to the proceeding; and the Court shall dismiss this case relinquishing jurisdiction over this matter.

___, Signature

I hereby certify that a true and correct copy of this Motion was mailed to the opposing party this___day of___, 20___.

By:

CONFIDENTIALNOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD

Attorney or Party without Attorney

Name:__________

Address:__________

Telephone Number:__________

E-mail Address (Optional):__________

Attorney For (If applicable):__________

State Bar No. (If applicable):__________

XXXX COURT OF [STATE],

COUNTY OF:__________

Address:__________

Branch Name:__________

Telephone No.:__________

CASE NAME: CASE NO.:

Court Use Only

THIS IS A NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD

TO (Check all that apply)

___Parents or legal guardians ___Indian custodians

___Tribes* ___BIA Regional Director

THAT based on the petition, a copy of which is attached to this notice, a child-custody proceeding under the Indian Child Welfare Act (25 U.S.C. §§ 1901 et seq) has been initiated for the following child: (aseparate notice must be filed for each child)

Name:__________

Date of Birth:___/___/___ Place of Birth:___

FOR the following proceeding: (Check all that apply)

___Juvenile ___Dependency ___Delinquency

___Declaration of Freedom from Control of Parent

___Adoption ___Custody ___Guardianship

___Termination of Parental Rights

___Voluntary relinquishment of child by parent

WITH potential consequences of this proceeding are:

(Describe here)__________

A HEARING WILL BE HELD on:

Date:___ Time:___ Location:___ Room:___

Type of Hearing:__________

Address and telephone number of court:__________

TRIBES

The child is or may be a member (or the child of a member) of the following Indian Tribes: (List each)

"Notice to the Tribe must be sent to the designated agent for service of ICWA notices.

Under the Indian Child Welfare Act:

• The parent or Indian custodian has the right to intervene in the proceedings.

• The child's Indian tribe has the right to intervene at any time in a State court proceeding for a foster care placement or termination of a parental right.

• If the Indian parent(s) or, if applicable, Indian custodian(s) is unable to afford counsel based on a determination of indigency by the court, counsel will be appointed to represent the parent or Indian custodian where authorized by State...