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Native American Indians and How the Court Process Works

1. Preparation and commencement of proceedings in a State court.
In preparing, notice must first be given to the children’s custodial parent/s, all tribes, and any other vested party. The notification must be made by either certified mail or by such identity in which a return receipt is proof.
In the event any party is not located, the Secretary or representative will have 15 days after receiving notification to notify the custodial parents and tribe/s. Note: Some states can vary on time.
In most states, there will be at least 10 days after receiving proven notice before any termination of rights can be offered. There must be at least 20 more days issued to the custodial guardian to prepare for the proceedings.

2. Counsel is appointed to any Indian custodian who has been determined to be indigent. This applies to any proceedings involving termination of rights, placement to another custodial home, or removal of any type.

3. The court at is discretion can appoint an attorney or counsel, for an Indian child if the appointment is in the best interest of the child. When State law makes no provisions for appointment of representation, the court can notify the Secretary upon appointment, and the Secretary upon certification of the judge presiding will be responsible for payment of reasonable court fees and expenses out of the funds which may be appropriated according to section 13 of this title.

4. All evidence is to be made available to be examined by each party in representing the Indian children. This will include but not be limited to, termination of parental rights, and placement of foster care.

5. The courts must be satisfied of all exhausted resources offered when asking for foster care placement or termination of parent rights of an Indian child. The courts will take into consideration the remedial service as well as rehabilitative programs offered to prevent the breakup of the family.

6. All evidence must have been presented in a clear, concise, and convincing act in order for the courts to make any determination of requested proceedings. There can be no foster care placement without all qualified expert witnesses as so as to prevent any serious emotional or physical damage to the Indian children.