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Order On Petition To Transfer Case Involving And Indian Child Form. This is a California form and can be use in Indian Child Welfare Act Judicial Council.
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Tags: Order On Petition To Transfer Case Involving And Indian Child, ICWA-060, California Judicial Council, Indian Child Welfare Act
ICWA-060
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO. (Optional):
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CHILD'S NAME:
CASE NUMBER:
ORDER ON PETITION TO TRANSFER CASE INVOLVING
AN INDIAN CHILD TO TRIBAL JURISDICTION
1. Child's name:
RELATED CASES (if any):
Date of birth:
Time:
2. a. Date of hearing:
b. Persons present:
Child
Child's attorney
Probation officer/social worker
Deputy county counsel
Tribal representative:
Dept.:
Room:
Parent (name):
Parent (name):
Guardian
Deputy district attorney
Parent's attorney
Parent's attorney
CASA
Other:
Name
3. The court has read and considered the
ICWA-050, Notice of Petition and Petition to Transfer Case Involving an Indian Child to Tribal Jurisdiction
Other relevant evidence (specify):
4.
The child's tribe has informed this court that it has a tribal court or other administrative body vested with authority over child
custody proceedings.
5. THE COURT FINDS AND ORDERS under
Family Code, § 177(a);
Probate Code, § 1459.5(b);
Welfare and Institutions Code, § 305.5;
25 U.S.C. § 1911(a) (Exclusive Jurisdiction)
a.
The child's case is ordered transferred to the jurisdiction of the tribe listed below:
Name of tribe:
Address:
b.
Physical custody of the child is transferred to a designated representative of the tribal court listed below:
Name:
Title:
Address:
City, state, zip code:
Telephone number:
c.
The petition to transfer is denied because one of the following circumstances exist:
One or both of the child's parents opposes the transfer.
(1)
Name of opposing parent:
(2)
The child's tribe has informed this court that it does not have a tribal court or other administrative body
as defined in 25 U.S.C. § 1903.
(3)
The tribal court or other administrative body of the child's tribe declines the transfer.
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Form Approved for Optional Use
Judicial Council of California
ICWA-060 [New January 1, 2008]
ORDER ON PETITION TO TRANSFER CASE INVOLVING
AN INDIAN CHILD TO TRIBAL JURISDICTION
Family Code, § 177(a);
Probate Code, § 1459.5(b);
Welfare and Institutions Code, § 305.5;
Cal. Rules of Court, rule 5.483
www.courtinfo.ca.gov
American LegalNet, Inc.
www.FormsWorkflow.com
ICWA-060
CHILD'S NAME:
d.
CASE NUMBER:
The petition to transfer is denied because good cause exists not to transfer the case.
(1)
Name of opposing party:
has submitted information or evidence in
writing to the court and all parties.
(2)
Petitioner has had the opportunity to provide information or evidence in rebuttal.
(3)
The party opposing the transfer has established that good cause not to transfer the proceeding exists
as follows:
(a)
The evidence necessary to decide the case cannot be presented in the tribal court without
undue hardship to the parties or the witnesses, and the tribal court is unable to mitigate the
hardship by making arrangements to receive and consider the evidence or testimony by use
of remote communication, by hearing the evidence or testimony at a location convenient to
the parties or witnesses, or by use of other means permitted in the tribal court's rules of
evidence or discovery.
(b)
The proceeding was at an advanced stage when the petition to transfer was received and
the petitioner did not file the petition within a reasonable time after receiving notice of the
proceeding. The notice complied with:
Family Code section 180 or
Probate Code section 1460.2 or
Welfare and Institutions Code section 224.2
(Note: The fact that a party waited until after reunification efforts failed and reunification
services were terminated is not good cause to deny transfer.)
(c)
The parents of the child over five years of age are not available and the child has had little or
no contact with the child's tribe or members of the child's tribe.
(e)
(4)
The Indian child is over 12 years of age and objects to the transfer.
(d)
Other (specify):
The court provided a tentative decision in writing with reasons to deny the transfer in advance of the
hearing at which the order to deny was made.
6.
Proof that tribe has accepted transfer is attached and jurisdiction is terminated.
7.
Hearing is set for (Date):
(Time):
to confirm that tribe has accepted transfer and to terminate jurisdiction.
(Dept.):
Date:
JUDICIAL OFFICER
ICWA-060 [New January 1, 2008]
ORDER ON PETITION TO TRANSFER CASE INVOLVING
AN INDIAN CHILD TO TRIBAL JURISDICTION
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