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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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