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California Indian Legal Services

California Indian Legal Services
 

ICWA Benchguide 2012

         

California Judges Benchguide: Indian Child Welfare Act (2012 edition) now available.

Note: Due to the length of the publication's sections, each section can be separately viewed, downloaded and printed.

Please click on the appropriate link to view each section below:

Introduction

Table of Contents

Section I - Scope and Use of Benchguide

Section II - Historical Context

Section III - Overview of Indian Child Welfare Act

Section IV - General Application of the Act

Section V - Jurisdiction under the ICWA

Section VI - Notice

Section VII - Intervention

Section VIII - Evidentiary Requirements

Section IX - Placement

Section X - Invalidation

Section XI - Dependency Proceedings

Section XII - Delinquency Proceedings

Section XIII - Probate Guardianship Proceedings

Section XIV - Family Law Proceedings

Resource Directory

Please allow time to load the Appendices. Some of them are quite large.

Appendices Table of Contents

Appendix A: The Indian Child Welfare Act

Appendix B: BIA Guidelines

Appendix C: Senate Bill 678 

Appendix D: Assembly Bill 1325

Appendix E: All County Letters and All County Information Notices

To download the Benchguide in its entirety, please use this link.

All pages are offered in .pdf format and can be viewed using a Reader. To download Adobe Acrobat Reader, please click here:

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This publication can be reproduced without the express permission of California Indian Legal Services. However, this work may not be altered, changed or amended in any manner.

California Judges Benchguide - The Indian Child Welfare Act, © 1998, 2000, 2010, 2012 California Indian Legal Services
 

Newsflash

FTB 'Tribal Source' refund process

Process for submitting a claim for a refund of income tax that was improperly assessed.

 

California Fee-to-Trust Consortium Meeting

The next quarterly meeting is set for July 10-11, 2013 at Tuolumne Rancheria. Click here for more info.

 

2013 California State ICWA Conference

More information here. For registration form, click here.

 

Taxing Indian Country: Regulation 1616

Effective Feb 10, 2012 the California Board of Equalization implemented a new law re: Property Used in Tribal Self-Governance. On July 6, 2012 they issued a formal letter for landless tribes to claim exemption from sales/use tax. See Oct. 2012 Notice.

 

Prevent foreclosure: know your rights!

Click here for more info. 


 

ICWA Benchguide

Link to ICWA Benchguide

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In Memoriam

Leonard Bowman

September 27, 1941 – January 25, 2013

CILS is saddened by the death of the Chairman for the Bear River Band of the Rohnerville Rancheria. "He's been the ambassador for the tribe, for us." said Vice Chairman Dakota McGinnis, Jr.. Chairman Bowman was starting his third term as chairman, and had served on the council for nine years. The following appears courtesy of the Eureka Times-Standard, "Leonard Smith Bowman passed away on Friday, January 25, 2013 in his home at the age of 71. Leonard was born on September 27, 1941 in Fortuna, Ca to Leonard Putman Bowman and Lucille Bowman Brenard. Leonard was raised on the old Bear River Rancheria for the majority of his childhood by both his parents and grandparents Smith and Jesse Brenard. When Leonard was 16 years old he left Humboldt County to live with his aunt Ilene June Callahan in Sacramento, Ca where he began his first job at Hooten Tires. Leonard moved to Idaho a few years later to work for the Forestry Service. In the early 70's Leonard started a career as a long haul truck driver. During his career he met and married his soul mate, Eleanor "Ellie" Bowman, on June 06, 1976 in Webster Massachusetts. After retiring from truck driving Leonard and his wife Ellie managed coastal resorts all along the East Coast. In 1996 Leonard with his wife and children moved back to Humboldt County to assist his Tribe, Bear River Band of Rohnerville Rancheria, in developing an economical future. In 2004 Leonard Smith Bowman ran for and was elected the Tribal Chairman of Bear River Band of Rohnerville Rancheria and served as the Tribal Chairman until his death. Leonard Smith Bowman's legacy as an influential Tribal leader is shown through his accomplishments and the successful enterprises he pursued. Leonard Smith Bowman was preceded in death by his loving wife Eleanor "Ellie" Bowman on December 29, 2012, his mother Lucille Bowman-Brenard, father Leonard Putman Bowman, grandparents Smith and Jesse Brenard, brother Kenneth Bowman and sister Diana Bowman. Leonard is survived by his aunt Ilene June Callahan, mother-in-law Goldie Ehrhardt, children Leonard A. Bowman, Randall Bowman, James Bowman, Dawn Bowman, Jeffery Bowman, Derek Bowman, Stormy Bowman and numerous cousins, grandchildren and extended family members. A Memorial Service and luncheon will be held on Sunday, February 03, 2013 from 12:00pm-4:00pm at the Tish Non Community Center in Loleta, Ca.” (Eureka Times-Standard published January 30, 2013.) CILS honors the memory of Chairman Bowman and offers condolences to the extended Bowman family and the Tribe.

 


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