Art. 767.1. Federal Indian Child Welfare Act inquiry
A. At the commencement of the adjudication hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child.
B. In accordance with Article 767.2, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder.
C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or Department of Children and Family Services has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to adjudication in accordance with this Title.
Acts 2018, No. 296, §1.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
