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California Indian Legal Services

California Indian Legal Services
 

Indian Child Welfare

ICWA Benchguide Page

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                            ICWA Benchguide cover 2010

California Judges Benchguide: Indian Child Welfare Act (2010 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 - Dependency Proceedings

Section XI - Delinquency Proceedings

Section XII - Probate Guardianship Proceedings

Section XIII - Family Law Proceedings

Resource Directory

Appendices Table of Contents

Appendix A: The Indian Child Welfare Act

Appendix B: BIA Guidelines

Appendix C: All County Letters & All County Information Notices  (Note: This is a large file. Please allow time to load Appendix C.)

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

Adobe Acrobate Reader logo 

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 California Indian Legal Services
 

Indian Child Welfare

E-mail Print PDF

1. What is the Indian Child Welfare Act (ICWA)? (pdf)
(Basic guide for parents and Indian families about the ICWA)

2. What is an Indian Custodian? (pdf) (How an individual can be considered an Indian Custodian under the Indian Child Welfare Act. Includes form)

 

 

 

Newsflash

Taxing Indian Country: Regulation 1616

Effective Feb 10, 2012 the California Board of Equalization implements a new law re: Property Used in Tribal Self-Governance

 

CILS Tax Help Is Here

Our popular ICAN! Tax preparation service is underway! Call toll free for assistance 1-800-743-8941 or click on http://icanefile.org/?caller=23 to complete taxes on your own.


 

Questions about the Cobell Settlement?

Contact their toll free number 1-800-961-6109 or visit their website at:

http://www.indiantrust.com/

 

Prevent foreclosure: know your rights!

Click here for more info. 


 

ICWA Benchguide

Link to ICWA Benchguide

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In Memoriam

 

Beth Wylie

July 8, 1963 – January 28, 2012

CILS is very saddened to share that former CILS Legal Assistant, Beth Wylie Gjerstad, passed away on January 28, 2012 after a long and hard-fought battle with stage IV metastatic breast cancer.  Beth began her eight-year tenure with CILS in 2002 and departed in 2010 to devote her strength towards battling the disease. Her warm spirit and dedication to family and friends will always be a source of inspiration for all who knew Beth.  From her first day at CILS, when she wore her stunning navy blue suit, Beth carried herself with professionalism and consistently showed her enthusiasm for our Native client communities.  During her tenure at CILS, Beth assisted our Escondido Office attorneys on countless numbers of cases.  Happy to work behind the scenes Beth could always be counted on for a smile, even on those most difficult days. “During the most stressful times at the office, one smile from Beth and you knew things were going to get better,” remembers a co-worker.  While Beth resided in Southern California for many years, she was fiercely proud of her Seattle roots and had recently moved home to be near her family.  CILS Staff remembers her love of telling a good story, whether it was about her learning experiences at Shoreline Community College where she studied law enforcement, her take on a t.v. episode of Intervention, stories about her dog, Inga, or her latest attempted recipe.  As a single parent, Beth made innumerable sacrifices and always tried to improve as a parent.  She once wrote, “I don't think my kids know how much I really love them and I want to be better at showing that.”  But her love and care, especially of her girls, was most evident.  Beth is survived by her daughters Becca and Sarah, her son Bryan and her grandson Bailey.  A memorial fund to support her daughters is being established in Beth’s honor.  Those who wish to make donations can contact Patricia De La Cruz-Lynas at delacruz@calindian.org.  A memorial service for Beth is currently being planned (details to be posted as appropriate).

Outreach Events

Recent trainings

Sacramento Directing Attorney Alex Cleghorn speaks at Law Day - Hopland Rancheria July 2011

Bishop Advocate Jennifer Duncan holds Simple Estates "California Style" presentation at Walker Senior Center, May 2011. 

Eureka Directing Attorney Delia Parr held a Student Special Education training in Bayside, CA this past April 2011.

CILS Senior Attorney, Dorothy Alther, provides Public Law 280 training to the Karuk Tribal Council & Housing Committee at the Blue Lake Hotel & Casino

CILS staff meet with attendees after Humboldt County District Attorney Public Law 280 training

For information about upcoming outreach events, click here.