S.D. Codified Laws § 26-7A-15.2

South Dakota Codified Laws

Title 26. Minors

Chapter 26-7A. Juvenile Court


§ 26-7A-15.2. Form of notice to parent, custodian, or Indian tribe of child custody proceeding


The form of the notice provided for in § 26-7A-15.1 is as follows:


STATE OF SOUTH DAKOTA                )             IN CIRCUIT COURT

                                    ) ss

COUNTY OF __________                 )       __________ JUDICIAL CIRCUIT


THE PEOPLE OF THE STATE OF           )            Juv. No.__________

SOUTH DAKOTA IN THE INTEREST         )

OF _______________________________,  )       NOTICE TO PARENT, CUSTODIAN,

MINOR CHILD(REN), AND                )     OR INDIAN TRIBE OF CHILD CUSTODY

CONCERNING _______________________,  )            PROCEEDINGS (ICWA)

__________________________________,  )

RESPONDENTS.                         )


TO: [Name and Address of the Parent/Custodian/Tribe]:


PLEASE TAKE NOTICE that, pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901, et. seq.), a child custody proceeding is now pending in the above-named court. The child(ren) who (is/are) the subject of this proceeding (is/are) believed to be (an) "Indian child(ren)" (as defined in 25 U.S.C. § 1903(4)) affiliated with the __________ Tribe.


A HEARING HAS BEEN SCHEDULED FOR __________ [date] AT __________ [time] (a.m./ p.m.) (CST/MST) IN THE COURTROOM OF THE __________ COUNTY COURTHOUSE, __________, SOUTH DAKOTA. A copy of the Petition by which this proceeding was initiated is attached.


You are further notified that:


1. The following information is known regarding the parents, grandparents and Indian custodians:


a. The names and last known addresses of the parents, grandparents and great grandparents or Indian custodians are as follows:


b. Any maiden, married and former names and aliases are as follows:


c. Birthdates and places of birth and death are as follows:


d. Tribal enrollment number(s):


2. You, as the parent(s) or Indian custodian, and the child(ren)'s tribe, may have a right to intervene in these proceedings.


3. If you, as the parent(s) or Indian custodian, are unable to afford an attorney, an attorney may be appointed to represent you. If you desire a court-appointed attorney, you should contact the court using the information provided in paragraph 7 below.


4. You may have the right, as the parent(s), Indian custodian, or Indian tribe, to have, upon request, 20 additional days to prepare for the hearing. If you desire additional time to prepare for the hearing, you should contact the court using the information provided in paragraph 7 below.


5. You may have the right, as (a) parent(s), Indian custodian, or Indian tribe, to petition this Court for transfer of the proceeding to tribal court.


6. The Petitioner in this action is the State of South Dakota, and the name and address of the attorney for the Petitioner is: __________, State's Attorney for __________ County, __________, South Dakota.


7. The Court's phone number is __________. The Court's mailing address is __________. Please report to the Court or to the State all information you have as to the status of the above-named child(ren), including the eligibility/membership of the child(ren) or the parent(s) in any Indian tribe.


8. If you are the child(ren)'s parent, it is possible that your parental rights will be terminated in this proceeding. If your parental rights are terminated in this proceeding, you will no longer be able to exercise parental, custodial or any other rights with regard to the child(ren).


9. Since custody proceedings are conducted on a confidential basis, you are requested to keep confidential all information contained in this Notice.


Dated this __________ day of __________, 20__________.


____________________

State's Attorney


Source: SL 2005, ch 139, § 4.

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