Native American Tribal Law

Summary

If CPS fails to notify a tribe about child removal, the tribe can intervene, review case details, and advocate for the childs return. The Indian Child Welfare Act (ICWA) allows tribes to contest agreements if not notified. A transfer to tribal court can be requested at any point, but earlier is better. Consult a legal professional for specifics.

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I need legal advice related to native american tribal law
Hello **** ****, thank you for reaching out. Could you please provide more specific details about the issue you're having related to Native American tribal law? This will help me guide you better.
My daughter had her children removed by CPS. They failed to notify the tribe that the babies were members of the Kaw nation. What remediation efforts can she take?
Your daughter may:
- Contact the Kaw Nation's tribal court for assistance.
- Consult an attorney who specializes in Native American rights.
- File a complaint with the Texas Department of Family and Protective Services.
Remember, these are general steps, and the actual process may vary.
the Kaw nation is intervening. What is involved in native american intervention?
The intervention process by the Kaw Nation might involve:
- Reviewing the case details.
- Representing the child's best interests.
- Advocating for the child's return if safe and appropriate.
- Potentially transferring the case to the tribal court.
Remember, the process can vary case by case.
CAn the Kaw nation invalidate a mediation agreement signed by my daughter since the kaw nation was not notified prior to the mediation agreement?
The Kaw Nation may have grounds to contest the agreement under the Indian Child Welfare Act (ICWA) if they were not notified. However, this is a complex issue that can vary case by case. It's important to consult with a legal professional experienced in ICWA and tribal law.
THe permanency hearing is scheduled for January *. What is the deadline for requesting a transfer of her case to tribal courts?
Under the Indian Child Welfare Act, a transfer to tribal court can be requested at any point in the proceedings. However, it's generally beneficial to request as early as possible. Please consult with your tribal representative or a legal professional for specifics.