CHILDREN AND THE LAW
...Delinquency Matters
......Indian Child Welfare Act
3 Cards On This Topic:
  • Dependency orders reversed and remanded where father stated M might have Cherokee heritage and DSS failed to make further inquiry as to Indian status.
  • ICWA applies in juvenile delinquency proceedings where child at risk of entering foster care but termination of parental rights is not involved.
  • No duty to inquire re Indian heritage where no evidence M was Indian and no authority for proposition that ICWA provisions generally apply to delinquency proceedings.