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

State:
California
County:
San Bernardino
Control #:
CA-ICWA-060
Format:
PDF
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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.

The San Bernardino California Order on Petition to Transfer a Case Involving an Indian Child to Tribal Jurisdiction is a legal process that pertains to child custody and welfare matters involving Native American children residing in San Bernardino, California. This type of order is executed when there is a request to transfer the jurisdiction of a case involving an Indian child from state court to tribal jurisdiction, in order to uphold the child's cultural and social ties within their tribe. It is crucial to note that there may be different types or variations of the San Bernardino California Order on Petition to Transfer a Case Involving an Indian Child to Tribal Jurisdiction, depending on specific circumstances and tribal jurisdictions. Some potential variations include: 1. Voluntary Transfer Order: This type of order is issued when all parties involved, including the parent(s) or guardian(s) of the Indian child, express their consent to transferring the case jurisdiction to tribal court. 2. Involuntary Transfer Order: In certain situations, when it is determined to be in the best interest of the child, the court may order the case to be transferred to tribal jurisdiction, even if the parent(s) or guardian(s) do not consent to the transfer. 3. Temporary Transfer Order: This type of order may be issued when there is an immediate need for the child's welfare and well-being to be protected within tribal jurisdiction. It grants temporary transfer of jurisdiction until a final decision can be made by the court. 4. Full Transfer Order: Once the court has examined the circumstances of the case and determined that it is in the best interest of the child, a full transfer order is issued. This order permanently transfers the jurisdiction of the case involving the Indian child to tribal court. In summary, the San Bernardino California Order on Petition to Transfer a Case Involving an Indian Child to Tribal Jurisdiction is a legal procedure that allows for the transfer of a child custody and welfare case from state court to tribal jurisdiction, ensuring the preservation of the child's cultural and social ties. The various types of orders under this umbrella include voluntary and involuntary transfer orders, temporary transfer orders, and full transfer orders.

The San Bernardino California Order on Petition to Transfer a Case Involving an Indian Child to Tribal Jurisdiction is a legal process that pertains to child custody and welfare matters involving Native American children residing in San Bernardino, California. This type of order is executed when there is a request to transfer the jurisdiction of a case involving an Indian child from state court to tribal jurisdiction, in order to uphold the child's cultural and social ties within their tribe. It is crucial to note that there may be different types or variations of the San Bernardino California Order on Petition to Transfer a Case Involving an Indian Child to Tribal Jurisdiction, depending on specific circumstances and tribal jurisdictions. Some potential variations include: 1. Voluntary Transfer Order: This type of order is issued when all parties involved, including the parent(s) or guardian(s) of the Indian child, express their consent to transferring the case jurisdiction to tribal court. 2. Involuntary Transfer Order: In certain situations, when it is determined to be in the best interest of the child, the court may order the case to be transferred to tribal jurisdiction, even if the parent(s) or guardian(s) do not consent to the transfer. 3. Temporary Transfer Order: This type of order may be issued when there is an immediate need for the child's welfare and well-being to be protected within tribal jurisdiction. It grants temporary transfer of jurisdiction until a final decision can be made by the court. 4. Full Transfer Order: Once the court has examined the circumstances of the case and determined that it is in the best interest of the child, a full transfer order is issued. This order permanently transfers the jurisdiction of the case involving the Indian child to tribal court. In summary, the San Bernardino California Order on Petition to Transfer a Case Involving an Indian Child to Tribal Jurisdiction is a legal procedure that allows for the transfer of a child custody and welfare case from state court to tribal jurisdiction, ensuring the preservation of the child's cultural and social ties. The various types of orders under this umbrella include voluntary and involuntary transfer orders, temporary transfer orders, and full transfer orders.

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