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California Order on Petition to Transfer a Case Involving an Indian...

Oxnard California Order on Petition to Transfer a Case Involving an Indian Child to Tribal Jurisdiction

Name: Oxnard California Order on Petition to Transfer a Case Involving an Indian Child to Tribal Jurisdiction
Brand: US Legal Forms
Rating: 4.76 (460 reviews)

Category:

California Family Law - Statewide - Orders

State:

California

City:

Oxnard

Control #:

CA-ICWA-060

Format:

Instant download

This website is not affiliated with any governmental entity

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Description

This form is an official California Judicial Council form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.

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FAQ

Yes. § 1911(d) states that the state court must honor any tribal court order from a judicial proceeding in a child custody proceeding. If an Indian tribal court makes that kind of determination, that order is binding upon the state court and cannot be questioned.

ICWA mandates the state to make active efforts in every ICWA case in two areas: Provide services to the family to prevent removal of an Indian child from his or her parent or Indian custodian. Reunify an Indian child with his or her parent or Indian custodian after removal.

The Indian Child Welfare Act (ICWA) is a federal law that seeks to keep Indian children with Indian families. It was passed in 1978 in response to compelling evidence of the high number of Indian children that were being removed from their families by public and private agencies and placed in non-Indian families.

ICWA does not apply when a child or family is from a non-federally recognized tribe or Canadian First Nations.

The first precaution in applying ICWA is to make sure there is no tribal state agreement that has specific procedures to follow. Many tribes have agreements with state agencies on child welfare matters that may include additional requirements and alter the best practices listed below.

Under the ICWA, tribal courts have jurisdiction, exclusive of the state courts, over cases involving an Indian child who resides or is domiciled on an Indian reservation or who is a ward of the tribal court.

Aboriginal child welfare services are provided in accordance with provincial/territorial legislation, as allowed by Section 88 of the Indian Act (1985). Child welfare services fall under the jurisdiction of provincial and territorial authorities.

Authorizes every Indian tribe to operate and maintain facilities for: (1) the counseling or treatment of Indian families or individuals; (2) the temporary custody of Indian children; and (3) legal representation and advice to Indian families involved in tribal, State, or Federal child custody proceedings.

This act establishes minimum federal standards for the removal of American Indian children and the placement of these children in foster or adoptive homes.

Interesting Questions

In determining whether a transfer to tribal jurisdiction is in the child's best interest, the court may consider factors such as the cultural, social, and political implications; the desires of the child's parents or custodian; the wishes of the child, if they are of appropriate age and maturity; and any potential harm that may arise from the removal of the child from their current placement.

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Charter College – Oxnard is located off HWY101 at 2000 Outlet Center Drive, Oxnard, California 93036. The non-main campus occupies.For payments from the Black Lung Disability Trust Fund,.

Oxnard California Order on Petition to Transfer a Case Involving an Indian Child to Tribal Jurisdiction

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