The Washington Indian Child Welfare Act Notice (Non-parent Custody) is a document that is sent to a non-parent or other relative when a child is being placed in their custody. This notice is required to be sent to the non-parent or relative when a child is placed in their custody in accordance with the Washington Indian Child Welfare Act. The notice must include the child’s tribal enrollment, tribal affiliation, and information about the Indian Child Welfare Act and the rights of the child and of the non-parent or relative. In Washington, there are two types of non-parent custody notices: the CAME or Indian Child Welfare Act-Expedited notice and the IOWA or Indian Child Welfare Act-Full notice. The CAME notice is sent when the child is being placed in the custody of a non-parent or relative without a court hearing. The IOWA notice is sent when the child is being placed in the custody of a non-parent or relative through a court hearing. Both the CAME and IOWA notices must include the child’s tribal enrollment, tribal affiliation, and information about the Indian Child Welfare Act and the rights of the child and of the non-parent or relative. The IOWA notice also includes additional notices to the non-parent or relative advising them of their rights under the act, as well as any court orders related to the placement.
Washington Indian Child Welfare Act Notice (Non-parent Custody)
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FAQ
Ing to the Washington statutes governing custody law, there is no established age younger than 18 in which a child can make a unilateral decision about which parent they want to live with. Typically, a judge will appoint a social worker or guardian to work with the child.
Code, §§1459.5(a), 1516.5(d); Rule 5.480) ICWA applies to any state court case involving an Indian child that may result in a voluntary or involuntary foster care placement; guardianship placement; custody placement under Family Code section 3041; declaration freeing a child from the custody & control of one or both
The Indian Child Welfare Act (ICWA) (25 U.S.C. §§ 1901 et seq.) is federal legislation which establishes minimum federal standards for state court child welfare proceedings and many other ?child custody? proceedings involving Indian children.
ICWA requires that states place Indian children in foster care first with their extended family. If this is not possible, placement should be with a foster family licensed or approved by the child's tribe.
The Supreme Court is expected to reach a decision regarding the ICWA by June 2023. It is not certain that they will uphold this act, which means that Native American communities could face further scrutiny.
Placement Provisions of ICWA No removal of an Indian Child (away from the biological parents, adoptive parents, or Indian custodian) can be made without: Active efforts to preserve the family through remedial and rehabilitative services designed to prevent the breakup of the Indian family.
There is no set age at which a child can refuse visitation in the state of Washington. The courts will never sanction a parent if they have an independent child who simply refuses to visit the other spouse. If a parent is preventing visits, the judge can enforce the visitation order or even hold the parent in contempt.
Who is an Indian Child under the ICWA? An Indian child is an unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe . . . . 25 U.S.C. 1903(4).