What is the Indian Child Welfare Act (ICWA)?

Useful Rulings on Indian Child Welfare Act (ICWA)

Recent Rulings on Indian Child Welfare Act (ICWA)

RE: APL FOR APRVL OF 2ND ACCT, TRANSFER ASSETS, FEES

Complete Form ICWA-020. Form filed is incomplete. CRC 5.481 The Court is waiting for these items: A.

  • Hearing

    Jul 13, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

GUARDIANSHIP OF XXXX XXXXXXXX XXXXXX

xxxxxx, OR Consent to Appointment of Guardian and Waiver of Notice (Judicial Council form GC-211) OR adequately supported request to dispense with notice (CRC 7.52; see Local Court form SC-6014). 3) Adequate Indian Child Welfare Act Inquiry. The current inquiry is not adequately supported, because there was no inquiry on the paternal side of the family.

  • Hearing

    Jun 30, 2020

REVIEW RE: COMPLIANCE RE FILING ACCOUNTING.

Form ICWA-020 filed with the Court. CRC 5.481 4. Order Appointing Guardian of Minor Form GC-240 (revised 7-1-16) The Court is waiting for these items: Court Investigator’s Report Notes: 1. Letters of Guardianship of Person issued to Maria and Ricardo Carranza as to Andrew Cordova on 7-6-11. 2. Letters of Temporary Guardianship issued to Maria Carranza as to both minors 4-23- 20 will expire 1-22-21.

  • Hearing

    Jun 29, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

REVIEW RE: COMPLIANCE RE FILING ACCOUNTING.

Form ICWA-020 filed with the Court. CRC 5.481 4. Order Appointing Guardian of Minor Form GC-240 (revised 7-1-16) The Court is waiting for these items: Court Investigator’s Report Notes: 1. Letters of Guardianship of Person issued to Maria and Ricardo Carranza as to Andrew Cordova on 7-6-11. 2. Letters of Temporary Guardianship issued to Maria Carranza as to both minors 4-23- 20 will expire 1-22-21.

  • Hearing

    Jun 29, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

PROBATE COURT TRIAL RE: PET'N APPTMENT OF C'TOR

Date Confidential Guardian Screening Form GC-212 and Form ICWA-020 The Court is waiting for these items: Court Investigator’s Report Notes: 1. Court will dispense with further formal service on unknown father and paternal grandparents, pursuant to Declaration filed 5-19-2020. 2. Letters of Temporary Guardianship issued to petitioners expire 2-18-2021.

  • Hearing

    Jun 17, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

CONS OF DALE LEE SMITH

Date Confidential Guardian Screening Form GC-212 and Form ICWA-020 The Court is waiting for these items: Court Investigator’s Report Notes: 1. Court will dispense with further formal service on unknown father and paternal grandparents, pursuant to Declaration filed 5-19-2020. 2. Letters of Temporary Guardianship issued to petitioners expire 2-18-2021.

  • Hearing

    Jun 17, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

GUARDIANSHIP OF DALLAS MARISOL FABING

Nature of Proceedings: Petition to Appoint Guardian of the Person The following must be submitted: 1) Notice re: Indian Child Welfare Act. Petitioner alleges eligibility to register as Chumash Tribe member. The offering of a tribe name to which the child might belong is sufficient to trigger probable cause that the child is an “Indian Child.” (In re Marianna J. (2001) 90 Cal.App.4th 731, 737 [father indicated minor had Cherokee ancestry; there were three federally recognized Cherokee tribes].)

  • Hearing

    Jun 15, 2020

  • Judge Jed Beebe
  • County

    Santa Barbara County, CA

THE CARPY TRUST

Form ICWA-020 with the Court filed. CRC 5.481 4. Order Appointing Guardian of Minor Form GC-240 (revised 7-1-16) The Court is waiting for these items: 1. Court Investigator’s Report 2. Response to PrC § 1513(b) referral 3. Attorney appointed 4. Report of Attorney Notes: 1. Petition for Appointment of Temporary Guardian was denied, pursuant to Order filed 4- 17-20. 2. If continued, court will assign this matter to Dept. 15 for all purposes.

  • Hearing

    Jun 15, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: TO SET COURT TRIAL SET BY D30 (UMO 5/01/20)

Form ICWA-020 with the Court filed. CRC 5.481 4. Order Appointing Guardian of Minor Form GC-240 (revised 7-1-16) The Court is waiting for these items: 1. Court Investigator’s Report 2. Response to PrC § 1513(b) referral 3. Attorney appointed 4. Report of Attorney Notes: 1. Petition for Appointment of Temporary Guardian was denied, pursuant to Order filed 4- 17-20. 2. If continued, court will assign this matter to Dept. 15 for all purposes.

  • Hearing

    Jun 15, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

GUARDIANSHIP OF XXXX XXXXXXXX XXXXXX

xxxxxx, OR Consent to Appointment of Guardian and Waiver of Notice (Judicial Council form GC-211) OR adequately supported request to dispense with notice (CRC 7.52; see Local Court form SC-6014). 3) Adequate Indian Child Welfare Act Inquiry. The current inquiry is not adequately supported, because there was no inquiry on the paternal side of the family.

  • Hearing

    Apr 28, 2020

GUARDIANSHIP OF LAYLA ROSE GRAY

The Court Investigators are doing all they can to investigate new guardianship cases using technology. 2) Indian Child Welfare Act Compliance – No response has been received by any band of Cherokee Indians, nor has 60 days elapsed since the bands were given notice. “If, after a reasonable time following the service of notice under the act – but in no event less than 60 days – no determinative response to the Notice … is received, the court may determine that [ICWA] does not apply to the proceeding ….”

  • Hearing

    Mar 24, 2020

GUARDIANSHIP OF DALLAS MARISOL FABING

The following must be submitted: 1) Notice re: Indian Child Welfare Act. Petitioner alleges eligibility to register as Chumash Tribe member. The offering of a tribe name to which the child might belong is sufficient to trigger probable cause that the child is an “Indian Child.” (In re Marianna J. (2001) 90 Cal.App.4th 731, 737 [father indicated minor had Cherokee ancestry; there were three federally recognized Cherokee tribes].)

  • Hearing

    Mar 23, 2020

  • Judge Jed Beebe
  • County

    Santa Barbara County, CA

GUARDIANSHIP OF DALLAS MARISOL FABING

The following must be submitted: 1) Notice re: Indian Child Welfare Act. Petitioner alleges eligibility to register as Chumash Tribe member. The offering of a tribe name to which the child might belong is sufficient to trigger probable cause that the child is an “Indian Child.” (In re Marianna J. (2001) 90 Cal.App.4th 731, 737 [father indicated minor had Cherokee ancestry; there were three federally recognized Cherokee tribes].)

  • Hearing

    Mar 23, 2020

  • Judge Jed Beebe
  • County

    Santa Barbara County, CA

PROBATE JURY TRIAL RE: RIGHT TO ATTACH ORDER/WRIT (EB)

Verified declaration to include Form ICWA-010(A) to confirm that you have questioned minor’s relatives as to whether minor has any Indian ancestry CRC 5.481 5. Parental Notification of Indian Status Form ICWA-020 filed. Form submitted is not verified by parent. 6. Court Investigator’s Report 7. Proposed Order

  • Hearing

    Mar 23, 2020

GRDSHP OF KARANPREET SINGH

Complete Form ICWA-020. Form filed is incomplete. CRC 5.481 Note: A. Letters of Temporary Guardianship issued to petitioner expire 10-1-20. B. The Declaration of Robyn Culbreth filed 1/29/20 is missing from the court file – please provide a courtesy copy KHYWON SMITH ROBYN CULBRETH PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Drop. Superseding proceeding filed. ESMERALDA VEGA GIOVANNI WILLY VEGA-MONDRAGON OLIVER ALEXANDER GREENWOOD

  • Hearing

    Mar 16, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

CONS. OF MAURICE COKER

File Form ICWA-020 with the Court. CRC 5.481 8. Submit Order Appointing Guardian of Minor Form GC-240 (revised 7-1-16) The Court is waiting for these items: Court Investigator’s Report Note: Letters of Temporary Guardianship issued to petitioner expire 10-28-20. BRYCE WILLIAM SIERRAS CALEB WESLEY FLORES SHIRLEY TILTON PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Petition Approved. Proposed Order Submitted. No Appearance Required. C.C.

  • Hearing

    Feb 26, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR APPT OF CONSERVATOR OF PERS AND EST

File Form ICWA-020 with the Court. CRC 5.481 8. Submit Order Appointing Guardian of Minor Form GC-240 (revised 7-1-16) The Court is waiting for these items: Court Investigator’s Report Note: Letters of Temporary Guardianship issued to petitioner expire 10-28-20. BRYCE WILLIAM SIERRAS CALEB WESLEY FLORES SHIRLEY TILTON Petition Approved. Proposed Order Submitted. No Appearance Required. C.C. COUNTY HEALTH SERVICES DEPT COUNTY COUNSEL FANNIE L HIGUERA MITCHELL A STEVENS

  • Hearing

    Feb 26, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

CONS. OF ARNETTA L ALTER

Verified declaration to include Form ICWA-010(A) to confirm that you have questioned minor’s relatives as to whether minor has any Indian ancestry CRC 5.481 4. Parental Notification of Indian Status Form ICWA-020 filed 5. Court Investigator’s Report 6. Proposed Order The Court is waiting for these items: 1. Report of Atty. Joscelyn Jones 2. Report of Atty. Robert O. Morris

  • Hearing

    Feb 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: OSC RE: NAME CHANGE

Verified declaration to include Form ICWA-010(A) to confirm that you have questioned minor’s relatives as to whether minor has any Indian ancestry CRC 5.481 4. Parental Notification of Indian Status Form ICWA-020 filed 5. Court Investigator’s Report 6. Proposed Order The Court is waiting for these items: 1. Report of Atty. Joscelyn Jones 2. Report of Atty. Robert O. Morris

  • Hearing

    Feb 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR APPT OF GUARDIAN OF PERSON

File a verified declaration to complete the ICWA 020 as to whether you have any Indian ancestry. Form filed is not completed 5.

  • Hearing

    Feb 19, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR APPT OF GUARDIAN OF PERSON

File a verified declaration to complete the ICWA 020 as to whether you have any Indian ancestry. Form filed is not completed 5. Do one or the other, but not both: (1) Have a copy of the Notice of Hearing, Petition Form GC-210 and Order Appointing Temporary Guardian personally served 6. and both fathers and file Proof of Service or have each person sign a consent and 7. waiver form (GC-211); OR (2) If either person cannot be found, submit a declaration 8.

  • Hearing

    Feb 19, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR REMOVAL

Compliance with Indian Child Welfare Act, including completion of Indian Child Welfare Act notice form, and return to courtroom clerk for mailing. The Court is still waiting for: A. Court Investigator’s Report B. Letters of Temporary Guardianship expire 10/14/2020 Note: The child may have Navajo heritage DENNIS CLAY EBONY CLAY MICAH BRINSON

  • Hearing

    Feb 10, 2020

RE: PET’N FOR TERMINATION OF GUARDIANSHIP

Verified declaration to include Form ICWA-010(A) to confirm that you have questioned minor’s relatives as to whether minor has any Indian ancestry CRC 5.481 5. Parental Notification of Indian Status Form ICWA-020 filed 6. Court Investigator’s Report 7. Proposed Order Vincent Li, uncle, still must do the following: 1. Appear at the hearing 2.

  • Hearing

    Feb 03, 2020

REVIEW RE: COMPLIANCE RE FILING ACCOUNTING.

Complete Form ICWA-020. Form filed is incomplete. CRC 5.481 The Court is waiting for these items: Court Investigator’s Report Note: Letters of Temporary Guardianship issued to petitioner expire 10-1-20. KHYWON SMITH ROBYN CULBRETH

  • Hearing

    Jan 29, 2020

RE: PET’N FOR APPT OF CONSERVATOR OF PERS AND EST

Form ICWA-020 filed with the Court. CRC 5.481 6. Order Appointing Guardian of Minor Form GC-240 (revised 7-1-16) The Court is still waiting for: A. Report of court-appointed counsel Patanisha Davis B. Court Investigator’s Report Notes: 1. Objections filed by mother, Mona Azaad 12-5-18 and 10-4-19. MARYAM BARGHI YOLANDA BACHTELL PAYAM D. AZAAD PEJVAK R. AZAAD Veronica Perea, maternal grandmother, still needs to do the following: 1. Appear at the hearing 2.

  • Hearing

    Jan 22, 2020

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