ICWA Laws, Regulations & Rules
ICWA-related State and Federal Documents
Federal Authority
- Bureau of Indian Affairs Guidelines
- Code of Federal Regulations - Indian Child Welfare Act
- Indian Child Welfare Act
State Statutes
- California Family Code Provisions Implementing the Indian Child Welfare Act
- California Probate Code Sections implementing the Indian Child Welfare Act
- California Welfare and Institutions Code Provisions implementing the Indian Child Welfare Act
ICWA-related California Rules of Court
- Rule 5.480. Application
- Rule 5.481. Inquiry and notice
- Rule 5.482. Proceedings after notice
- Rule 5.483. Dismissal and Transfer of case
- Rule 5.484. Emergency proceedings involving an Indian child
- Rule 5.485. Placement of an Indian child
- Rule 5.486. Termination of parental rights
- Rule 5.487. Petition to invalidate orders
- Rule 5.488. Adoption record keeping
- Rule 5.534. General Provisions All Proceedings– see subsection (i) Tribal Representatives
- Rule 5.550. Continuances– see subsections (c)(3) and (d)
- Rule 5.570. Request to change court order (petition for modification)– see subsections (e)(5) & (6) and (h)(1)(B)
- Rule 5.668(c). Commencement of hearing-explanation of proceedings– see subsection (c)
- Rule 5.674. Conduct of hearing; admission, no contest, submission– see subsections (c), (d), and (e)
- Rule 5.676. Requirements for detention– see subsections (b) & (d)
- Rule 5.678. Findings in support of detention; factors to consider; reasonable efforts; active efforts; detention alternatives– see subsection (c)(2)
- Rule 5.690. General conduct of disposition hearing– see subsections (a)(1)(C)(v) & (d)
- Rule 5.725. Selection of permanent plan– see subsection (e)
- Rule 5.785. General conduct of hearing
- Rule 7.1015. Indian Child Welfare Act in guardianship and certain conservatorship proceedings (Prob. Code, §§ 1459.5, 1460.2)
ICWA-related Judicial Council Forms
Sample Cover Sheet ICWA-10(A): The ICWA-10(A) Indian Child Inquiry Attachment form is not designed as a fillable document. However, there may be situations when it will be advisable to file a supplemental ICWA-10(A) form when new information is obtained following the filing of the Petition. The Sample Cover Sheet has been developed for those situations in which a party wishes to file a supplemental ICWA-10(A) to document further inquiry and information on Indian status. This document is for convenience and reference only. It is not a mandatory or approved Judicial Council form.
*Forms marked with an asterisk are adopted for mandatory use by all courts.
| Form Name | Description |
|---|---|
| ICWA-005-INFO |
Information Sheet on Indian Child Inquiry Attachment and Notice of Child Custody Proceeding for Indian Child |
| ICWA-005-INFO S |
Information Sheet on Indian Child Inquiry Attachment and Notice of Child Custody Proceeding for Indian Child (Spanish) |
|
Indian Child Inquiry Attachment |
|
| ICWA-010(A) S |
Indian Child Inquiry Attachment (Spanish) |
|
Parental Notification of Indian Status |
|
| ICWA-020 S |
Parental Notification of Indian Status (Spanish) |
|
Notice of Child Custody Proceeding for Indian Child |
|
| ICWA-030 S |
Notice of Child Custody Proceeding for Indian Child (Spanish) |
|
Attachment to Notice of Child Custody Proceeding for Indian Child (Indian Child Welfare Act) |
|
| ICWA-030(A) S |
Attachment to Notice of Child Custody Proceeding for Indian Child (Indian Child Welfare Act) (Spanish) |
|
Notice of Designation of Tribal Representative and Notice of Intervention in a Court Proceeding Involving an Indian Child |
|
|
Notice of Petition and Petition to Transfer Case Involving an Indian Child to Tribal Jurisdiction |
|
|
Order on Petition to Transfer Case Involving an Indian Child to Tribal Jurisdiction |
|
| ADOPT-220* | Adoption of Indian Child |
| ADOPT-225* | Parent of Indian Child Agrees to End Parental Rights |