Notice to Indian tribes.

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A. In a case involving a family in need of court-ordered services, if the child is an Indian child, the Indian child's tribe shall be notified when the petition is filed. The form of the notice shall comply with the provisions of the federal Indian Child Welfare Act of 1978.

B. In abuse, neglect or adoption proceedings, if the child is an Indian child, the Indian child's tribe shall be notified. The form of the notice shall comply with the provisions of the federal Indian Child Welfare Act of 1978.

C. In a delinquency proceeding, if the child is an Indian child, the Indian child's tribe shall be notified of the filing of the petition via certified mail.

History: 1978 Comp., § 32A-1-14, enacted by Laws 1993, ch. 77, § 23; 2005, ch. 189, § 8; 2019, ch. 125, § 1.

ANNOTATIONS

Cross references. — For the federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901.

The 2019 amendment, effective June 14, 2019, required that Native American tribes be given notice in delinquency proceedings concerning Native American minors; and added Subsection C.

The 2005 amendment, effective June 17, 2005, changed "services" to "court-ordered services" in Subsection A.


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