Notifications to the Tribal Council – MDCPS will immediately notify the tribe of

Notifications to the Tribal Council – MDCPS will immediately notify the tribe of any child-custody proceeding involving a Native American child. For ICWA purposes, each of the following is considered a separate child-custody proceeding and requires separate notice. Child-custody proceedings are defined as: 1. Non-emergency foster care placement; 2. Termination of parental rights; 3. Pre-adoptive placement; and 4. Adoptive placement. Notice to the Tribal Council must be in clear and understandable language and include the following: 1. The child’s name, birthdate, and birthplace; 2. All names known (including maiden, married, and former names or aliases) of the parents, the birthdates and birthplaces of the parents, and Tribal enrollment numbers if known; 3. If known, the names, birthdates, birthplaces, and Tribal enrollment information of other direct lineal ancestors of the child, such as grandparents; 4. The name of each Indian Tribe in which the child is a member (or may be eligible for membership if a biological parent is a member); 5. A copy of the petition, complaint, or other document by which the child custody proceeding was initiated and, if a hearing has been scheduled, information on the date, time, and location of the hearing; 6. Statements setting out the following: a. The name of the petitioner and the name and address of petitioner’s attorney; b. The right of any parent or Indian custodian of the child, if not already a party to the child-custody proceeding, to intervene in the proceedings. c. The Indian Tribe’s right to intervene at any time in a State-court proceeding for the foster-care placement of or termination of parental rights to an Indian child. d. That, if the child’s parent or Indian custodian is unable to afford counsel based on a determination of indigency by the court, the parent or Indian custodian has the right to court-appointed counsel. e. The right to be granted, upon request, up to 20 additional days to prepare for the child-custody proceedings. f. The right of the parent or Indian custodian and the Indian child’s Tribe to petition the court for transfer of the foster-care-placement or termination-of parental rights proceeding to Tribal court as provided by 25 U.S.C. 1911 and § 23.115. g. The mailing addresses and telephone numbers of the court and information related to all parties to the child-custody proceeding and individuals notified under this section. h. The potential legal consequences of the child-custody proceedings on the future parental and custodial rights of the parent or Indian custodian. i. That all parties notified must keep confidential the information contained in the notice and the notice should not be handled by anyone not needing the information to exercise rights under ICWA. Notice will be provided immediately to the registered agent for service of notice by certified letter, return receipt requested, to the appropriate Tribe when a Choctaw child, or other Native American child, is taken into MDCPS custody. Copies of notices will be sent to the appropriate Regional Director for the Bureau of Indian Affairs (BIA) either by registered or certified mail with return receipt requested or by personal delivery.