ICWA Guide Online | Resources by State | California | Court Rules
CA R LOS ANGELES SUPER CT Rule 7.10
Superior Court of California, County of Los Angeles, Court Rules, Rule 7.10
Los Angeles County Court Rules
Los Angeles County
Superior Court of California County of Los Angeles Court Rules
Chapter Seven. Juvenile Division Rules
Rule 7.10. Specially Designated Departments
(a) ICWA Cases. The Indian Child Welfare Act of 1979 ("ICWA") 25 U. S.C. 1901 et seq. is federal legislation which preempts state law whenever an Indian child may be removed from the child's family. ICWA cases in California are governed by California Rules of Court, rule 5.664.
(1) If a dependency petition checks section l(l) of the Juvenile Dependency Petition (Version One) (JV-100) or section l(i) of the Juvenile Dependency Petition (Version Two) (JV-110), or if the court otherwise has reason to believe the child may be an Indian child, and the proceeding may result in the termination of parental rights to the child, notice must be given to the identified Indian tribe and/
or Bureau of Indian Affairs by DCFS in Welfare and Institutions Code section 300 cases, and by the Probation Department in all Welfare and Institutions Code section 600 cases.
(2) Pending confirmation of a child's Indian status and tribal membership, the case will remain in the originating dependency department. Upon confirmation and notice from an Indian tribe that a child has been determined to be an Indian child, the case must be transferred for all purposes, with the advice and consent of the Supervising Judge, to the department handling Indian child cases.
Hard of Hearing Dependent Children/ Families. All cases involving deaf and hard of hearing children or parents must be filed in the department specially designated for such cases by the Presiding Judge of the Juvenile Court. Where a case should have, but has not, been filed in the special department, it must be transferred to that department with the advice and consent of the Supervising Judge.
Adopted, eff. July 1, 2011.
Los Angeles County Superior Court Rules, Rule 7.10, CA R LOS ANGELES SUPER CT Rule 7.10
Current with amendments received through 3/
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