Form Icwa 030 PDF Details

The complexity and sensitivity of child custody proceedings involving Native American children are encapsulated within the ICWA-030 form, mandated by both the Indian Child Welfare Act (ICWA) and California law. This document serves as a critical notification mechanism in legal proceedings, ensuring that the rights of Native American children, their families, and tribes are protected during custody, adoption, guardianship, and related family law disputes. As an official notice, the form outlines the details of the child custody case, including the scheduled hearings, the child's potential tribal affiliations, and the legal rights afforded to the child's parents, guardians, and associated tribes under ICWA. Particularly, the form emphasizes the entitlements such as the right to participate in court hearings, the ability to intervene in proceedings, the option to request for case transfer to tribal courts, and the assurance of representation if financially unable to afford legal counsel. The confidential nature of the information contained within the ICWA-030, coupled with its comprehensive approach to gathering detailed family and tribal affiliations, underscores the form’s integral role in bolstering the jurisdictional collaboration between state and tribal courts. Hence, it stands as a testament to the ongoing efforts in respecting and upholding the cultural integrity and sovereign rights of Native American tribes in child welfare cases.

QuestionAnswer
Form NameForm Icwa 030
Form Length10 pages
Fillable?No
Fillable fields0
Avg. time to fill out2 min 30 sec
Other namesicwa 030 a, notice child custody, icwa 030 ca, form icwa 030

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CONFIDENTIAL

ICWA-030

 

 

 

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

TELEPHONE NO.:

CASE NAME:

NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD (check all that apply):

JUVENILE

 

Dependency

 

 

Delinquency

 

 

 

 

 

 

 

 

 

 

 

ADOPTION

 

CONSERVATORSHIP*

 

 

CUSTODY (Fam. Code, § 3041)

 

 

 

DECLARATION OF FREEDOM FROM CONTROL OF PARENT

 

GUARDIANSHIP

 

TERMINATION OF PARENTAL RIGHTS

 

 

 

 

VOLUNTARY RELINQUISHMENT

 

 

 

 

 

 

 

 

 

 

 

 

 

OF CHILD BY PARENT

NOTICE TO (check all that apply):

FOR COURT USE ONLY

CASE NUMBER:

HEARING DATE:

DEPT.:

 

 

Parents or Legal Guardians

Secretary of the Interior

Tribes

Indian Custodians

Sacramento Area Director, BIA

1.NOTICE is given 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 (a separate notice must be filed for each child):

Name

Date of Birth

Place of Birth

2.HEARING INFORMATION

a. Date:

Time:

Type of hearing:

Dept.:

Room:

b.Address and telephone number of court

same as noted above

is (specify):

3. The child is or may be eligible for membership in the following Indian tribes (list each):

*Use this form in a conservatorship only if the proposed conservatee is a formerly married minor.

 

 

 

Page 1 of 10

 

 

 

 

Form Adopted for Mandatory Use

NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD

25 U.S.C. § 1901 et seq.;

Judicial Council of California

Welfare & Institutions Code, §§ 224.2, 224.3;

 

 

ICWA-030 [New January 1, 2008]

(Indian Child Welfare Act)

 

Probate Code, §§ 1449, 1459.5; 1460.2;

 

 

Cal. Rules of Court, rules 5.480–5.487 and 7.1015

www.courtinfo.ca.gov

ICWA-030

CASE NAME:

CASE NUMBER:

4.Under the Indian Child Welfare Act (ICWA) and California law:

a.The child's parents, Indian custodian, and the child's tribe have the right to be present at all hearings.

b.The child's Indian custodian and the child's tribe have the right to intervene in the proceedings when ICWA applies.

c.The child's parent, Indian custodian, or tribe may petition the court to transfer the case to the tribal court of the Indian child's tribe. The child's parent or tribe also have the right to refuse to have the case transferred to the tribal court.

d.With the limited exceptions of the detention hearing in juvenile cases and the jurisdiction and disposition hearings in delinquency cases as identified in rule 5.482, the court will give up to 20 days from the time of the scheduled hearing if the child's parent, Indian custodian, or tribe request such time to prepare for the hearing.

e.The proceedings could lead to the removal of the child from the custody of the parent or Indian custodian and possible adoption of the child.

f.If the child's parents or Indian custodian have a right to be represented by a lawyer and if they cannot afford to hire one, a lawyer will be appointed for them.

g.The information contained in this notice and all attachments is confidential. Any tribal representative or agent or any other person or entity receiving this information must maintain the confidentiality of this information and not reveal it to anyone who does not need the information in order to exercise the tribe's rights under the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.).

h.An Indian custodian is any person who has legal custody of the child under tribal law or custom or state law, or to whom temporary physical custody, care, and control of the child has been transferred by a parent.

5.INFORMATION ON THE CHILD NAMED IN 1

a.

The child's birth certificate is

 

 

attached

 

 

unavailable

 

b.

A copy of the tribal registration card of

 

 

the child

 

 

the parent

is attached.

 

 

 

 

c.Biological relative information is listed below. (Indicate if any of the information requested below is unknown or does not apply. Do not use the abbreviation "N/A".) (Required by Fam. Code, § 180; Prob. Code, § 1460.2; and Welf. & Inst. Code, § 224.2.)

Biological Mother

Biological Father

 

 

Name (include maiden, married, and former names or aliases):

Name (include former names or aliases):

 

 

Current address:

Current address:

 

 

Former address:

Former address:

 

 

Birth date and place:

Birth date and place:

 

 

Tribe or band, and location:

Tribe or band, and location:

 

 

Tribal membership or enrollment number, if known:

Tribal membership or enrollment number, if known:

 

 

If deceased, date and place of death:

If deceased, date and place of death:

 

 

Additional information:

Additional information:

 

 

 

 

ICWA-030 [New January 1, 2008]

NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD

Page 2 of 10

(Indian Child Welfare Act)

ICWA-030

CASE NAME:

CASE NUMBER:

5.c. INFORMATION ON THE CHILD NAMED IN 1

(Indicate if any of the information requested below is unknown or does not apply; do not use the abbreviation "N/A".)

Mother's Biological Mother

Father's Biological Mother

(Child's Maternal Grandmother)

(Child's Paternal Grandmother)

 

 

Name (include maiden, married, and former names or aliases):

Name (include maiden, married, and former names or aliases):

 

 

Current address:

Current address:

 

 

Former address:

Former address:

 

 

Birth date and place:

Birth date and place:

 

 

Tribe or band, and location:

Tribe or band, and location:

 

 

Tribal membership or enrollment number, if known:

Tribal membership or enrollment number, if known:

 

 

If deceased, date and place of death:

If deceased, date and place of death:

 

 

Mother's Biological Father

Father's Biological Father

(Child's Maternal Grandfather)

(Child's Paternal Grandfather)

 

 

Name (include former names or aliases):

Name (include former names or aliases):

 

 

Current address:

Current address:

 

 

Former address:

Former address:

 

 

Birth date and place:

Birth date and place:

 

 

Tribe or band, and location:

Tribe or band, and location:

 

 

Tribal membership or enrollment number, if known:

Tribal membership or enrollment number, if known:

 

 

If deceased, date and place of death:

If deceased, date and place of death:

 

 

 

 

ICWA-030 [New January 1, 2008]

NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD

 

Page 3 of 10

(Indian Child Welfare Act)

ICWA-030

CASE NAME:

CASE NUMBER:

5.d. INFORMATION ON THE CHILD NAMED IN 1

(Indicate if any of the information requested below is unknown or does not apply; do not use the abbreviation "N/A".)

Mother's Biological Grandmother

Mother's Biological Grandmother

(Child's Maternal Great-grandmother)

(Child's Maternal Great-grandmother)

 

 

Name (include maiden, married, and former names or aliases):

Name (include maiden, married, and former names or aliases):

 

 

Current address:

Current address:

 

 

Former address:

Former address:

 

 

Birth date and place:

Birth date and place:

 

 

Tribe or band, and location:

Tribe or band, and location:

 

 

Tribal membership or enrollment number, if known:

Tribal membership or enrollment number, if known:

 

 

If deceased, date and place of death:

If deceased, date and place of death:

 

 

Mother's Biological Grandfather

Mother's Biological Grandfather

(Child's Maternal Great-grandfather)

(Child's Maternal Great-grandfather)

 

 

Name (include former names or aliases):

Name (include former names or aliases):

 

 

Current address:

Current address:

 

 

Former address:

Former address:

 

 

Birth date and place:

Birth date and place:

 

 

Tribe or band, and location:

Tribe or band, and location:

 

 

Tribal membership or enrollment number, if known:

Tribal membership or enrollment number, if known:

 

 

If deceased, date and place of death:

If deceased, date and place of death:

 

 

 

 

ICWA-030 [New January 1, 2008]

NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD

(Indian Child Welfare Act)

Page 4 of 10

ICWA-030

CASE NAME:

CASE NUMBER:

5.e. INFORMATION ON THE CHILD NAMED IN 1

(Indicate if any of the information requested below is unknown or does not apply; do not use the abbreviation "N/A".)

Father's Biological Grandmother

Father's Biological Grandmother

(Child's Paternal Great-grandmother)

(Child's Paternal Great-grandmother)

 

 

Name (include maiden, married, and former names or aliases):

Name (include maiden, married, and former names or aliases):

 

 

Current address:

Current address:

 

 

Former address:

Former address:

 

 

Birth date and place:

Birth date and place:

 

 

Tribe or band, and location:

Tribe or band, and location:

 

 

Tribal membership or enrollment number, if known:

Tribal membership or enrollment number, if known:

 

 

If deceased, date and place of death:

If deceased, date and place of death:

 

 

Father's Biological Grandfather

Father's Biological Grandfather

(Child's Paternal Great-grandfather)

(Child's Paternal Great-grandfather)

 

 

Name (include former names or aliases):

Name (include former names or aliases):

 

 

Current address:

Current address:

 

 

Former address:

Former address:

 

 

Birth date and place:

Birth date and place:

 

 

Tribe or band, and location:

Tribe or band, and location:

 

 

Tribal membership or enrollment number, if known:

Tribal membership or enrollment number, if known:

 

 

If deceased, date and place of death:

If deceased, date and place of death:

 

 

 

 

ICWA-030 [New January 1, 2008]

NOTICE OF CHILD CUSTODY PROCEEDING FOR INDIAN CHILD

 

Page 5 of 10

(Indian Child Welfare Act)

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1. The icwa 030 a needs specific details to be entered. Be sure that the following fields are complete:

Step # 1 for submitting icwa 020 form

2. Now that the last segment is complete, you're ready include the required particulars in NOTICE TO check all that apply, Parents or Legal Guardians, Tribes, Indian Custodians, Sacramento Area Director BIA, Secretary of the Interior, NOTICE is given that based on the, Name Date of Birth Place of Birth, HEARING INFORMATION, Date, Time, Dept, Room, Type of hearing, and Address and telephone number of so you can move on to the next part.

Dept, Indian Custodians, and NOTICE is given that based on the inside icwa 020 form

3. This 3rd step is generally pretty simple, ICWA New January, Indian Child Welfare Act, and USC et seq Welfare - all these blanks will need to be filled out here.

Guidelines on how to prepare icwa 020 form part 3

Concerning Indian Child Welfare Act and USC et seq Welfare, be sure that you double-check them in this current part. These are the most significant ones in this page.

4. Filling in CASE NAME, CASE NUMBER, ICWA, Under the Indian Child Welfare Act, The childs parents Indian, b The childs Indian custodian and, The childs parent Indian custodian, With the limited exceptions of the, The proceedings could lead to the, If the childs parents or Indian, The information contained in this, temporary physical custody care, INFORMATION ON THE CHILD NAMED IN, b A copy of the tribal, and Do not use the abbreviation NA is key in this step - make sure you invest some time and take a close look at every single blank area!

Part no. 4 for completing icwa 020 form

5. Finally, the following last part is precisely what you will need to finish before closing the PDF. The fields in question include the following: Name include maiden married and, Name include former names or, Current address, Current address, Former address, Former address, Birth date and place, Birth date and place, Tribe or band and location, Tribe or band and location, Tribal membership or enrollment, Tribal membership or enrollment, If deceased date and place of death, If deceased date and place of death, and Additional information.

icwa 020 form completion process outlined (part 5)

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