25 C.F.R. § 23.111

What are the notice requirements for a child-custody proceeding involving an Indian child?

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(a) When a court knows or has reason to know that the subject of an involuntary foster-care-placement or termination-of-parental-rights proceeding is an Indian child, the court must ensure that:

(1) The party seeking placement promptly sends notice of each such child-custody proceeding (including, but not limited to, any foster-care placement or any termination of parental or custodial rights) in accordance with this section; and

(2) An original or a copy of each notice sent under this section is filed with the court together with any return receipts or other proof of service.

(b) Notice must be sent to:

(1) Each Tribe where the child may be a member (or eligible for membership if a biological parent is a member) (see § 23.105 for information on how to contact a Tribe);

(2) The child's parents; and

(3) If applicable, the child's Indian custodian.

(c) Notice must be sent by registered or certified mail with return receipt requested. Notice may also be sent via personal service or electronically, but such alternative methods do not replace the requirement for notice to be sent by registered or certified mail with return receipt requested.

(d) Notice 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 parents' birthdates and birthplaces, 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:

(i) The name of the petitioner and the name and address of petitioner's attorney;

(ii) 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.

(iii) 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.

(iv) 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.

(v) The right to be granted, upon request, up to 20 additional days to prepare for the child-custody proceedings.

(vi) 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.

(vii) 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.

(viii) The potential legal consequences of the child-custody proceedings on the future parental and custodial rights of the parent or Indian custodian.

(ix) 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.

(e) If the identity or location of the child's parents, the child's Indian custodian, or the Tribes in which the Indian child is a member or eligible for membership cannot be ascertained, but there is reason to know the child is an Indian child, notice of the child-custody proceeding must be sent to the appropriate Bureau of Indian Affairs Regional Director (see www.bia.gov). To establish Tribal identity, as much information as is known regarding the child's direct lineal ancestors should be provided. The Bureau of Indian Affairs will not make a determination of Tribal membership but may, in some instances, be able to identify Tribes to contact.

(f) If there is a reason to know that a parent or Indian custodian possesses limited English proficiency and is therefore not likely to understand the contents of the notice, the court must provide language access services as required by Title VI of the Civil Rights Act and other Federal laws. To secure such translation or interpretation support, a court may contact or direct a party to contact the Indian child's Tribe or the local BIA office for assistance in locating and obtaining the name of a qualified translator or interpreter.

(g) If a parent or Indian custodian of an Indian child appears in court without an attorney, the court must inform him or her of his or her rights, including any applicable right to appointed counsel, right to request that the child-custody proceeding be transferred to Tribal court, right to object to such transfer, right to request additional time to prepare for the child-custody proceeding as provided in § 23.112, and right (if the parent or Indian custodian is not already a party) to intervene in the child-custody proceedings.

Notes of Decisions

Cited in 81 cases (53 in the last 5 years), 2016–2026 · leading case: San Diego Cnty. Health & Human Servs. Agency v. Sally H. (In re E.H.), 238 Cal. Rptr. 3d 1 (Cal. Ct. App. 5th 2018).

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San Diego Cnty. Health & Human Servs. Agency v. Sally H. (In re E.H.), 238 Cal. Rptr. 3d 1 (Cal. Ct. App. 5th 2018). · cites it 6× “) In December 2016, new regulations became effective that similarly provide that an ICWA notice shall include, "[i]f known, the names, birthdates, birthplaces, and Tribal enrollment information of other direct lineal ancestors of the child , such as grandparents .”

H.J.B. v. A - J.A.B. Judgment Affirmed Just. Berkenkotter Delivered the Opinion of the Court, in Which Chief Just. Boatright Just. MÁrquez Just. Hood Just. Gabriel Just. Hart, 2023 CO 48 (Colo. 2023). · cites it 4× “Thus, if a juvenile court in a dependency and neglect case2 “knows” a child is an Indian child, ICWA requires the court to ensure that the petitioning party complies with the notice requirements found in 25 C.F.R. § 23.111 (2023). Colorado’s ICWA statute requires compliance with…”

People ex rel. L.L., 395 P.3d 1209 (Colo. Ct. App. 2017). · cites it 8× “25 C.F.R. § 23.111 (a) (2016). ¶ 25 The eourt must then “[cjonfirm, by way of a report, declaration, or testimony included in the record” that the department used due diligence to identify and work with all of the Tribes of which there is reason to know the child may be a member…”

Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021). · cites it 2× “, 25 C.F.R. § 23.111 (a)(1), (c) (court must ensure “party seeking placement” sends notice “by registered or certified mail with return receipt requested”); id.”

People in Interest of M.V, 2018 COA 163 (Colo. Ct. App. 2018). “] 25 C.F.R. § 23.111 (d)(1)-(4) (2018). The notice must also include 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, and…”

In re S.R., 436 P.3d 696 (Mont. 2019). · cites it 4× “¶17 When there is reason to know that an EPS, TIA, or TLC proceeding not involving a temporary removal and placement of the child may involve an Indian child, "the court must ensure that" the Department "promptly sends notice" of the proceeding to "[e]ach tribe" in which the…”

Riverside Cnty. Dep't of Pub. Soc. Servs. v. S.A. (In re N.G.), 238 Cal. Rptr. 3d 304 (Cal. Ct. App. 5th 2018). “including maiden, married and former names or aliases, as well as their current and former addresses, birthdates, places of birth and death, tribal enrollment numbers, and any other identifying information, if known.”

Jimmy E. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., Allie P. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 529 P.3d 504 (Alaska 2023). · cites it 3× “§ 1912(a); Indian Child Welfare Act Proceedings, 25 C.F.R. § 23.111 (b) (2023). 15 25 C.F.”

In re Dependency of Z.J.G., 471 P.3d 853 (Wash. 2020). “The BIA recognizes this reality in 25 C.F.R. § 23.111 (e), where it anticipates and provides for the scenario when there is a reason to know the child is an Indian child, but the participants do not know which tribe or tribes the child has a political affiliation with.”

Matter of D.D., YINC, 2021 MT 66 (Mont. 2021). · cites it 2× “, ¶ 32; see also 25 C.F.R. § 23.111 (2020). The Department must provide notice “by registered or certified mail with return receipt requested,” and “the court must ensure that .”

People v. Concerning L.H, 2018 COA 27 (Colo. Ct. App. 2018). · cites it 2× “25 C.F.R. § 23.111 (d)(1)-(4). ¶5 The notice must also include 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, and various…”

In re: A.P., 818 S.E.2d 396 (N.C. Ct. App. 2018). “§ 1912 (a), and which complies with the standards outlined in 25 C.F.R. § 23.111 (2018). If no response to this notification is received, the Respondent-mother must meet her burden to produce evidence to sustain ICWA's application in this case.”

Show all 81 citing cases →

— 25 C.F.R. § 23.111(a) — 1 case

In re A.G., 2019 Ohio 1345 (Ohio Ct. App. 2019).

— 25 C.F.R. § 23.111(a)(1) — 1 case

Stockwell v. Dees, 446 P.3d 957 (Colo. Ct. App. 2019).

— 25 C.F.R. § 23.111(a)(2) — 1 case

In the Interest of Z.F., a Child v. the State of Texas (Tex. App. 2025).

— 25 C.F.R. § 23.111(c) — 1 case

In re A.G., 2019 Ohio 1345 (Ohio Ct. App. 2019).

— 25 C.F.R. § 23.111(d)(3) — 1 case

In re Darian R. (Cal. Ct. App. 2022).

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