Iowa Code » Chapter 232B — INDIAN CHILD WELFARE ACT

Iowa Code § 232B.4

Application of chapter — determination of Indian status

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1. This chapter applies to child custody proceedings involving an Indian child whether the child is in the physical or legal custody of an Indian parent, Indian custodian, or an Indian extended family member or another person at the commencement of the proceedings or whether the child has resided or domiciled on or off an Indian reservation. 2. The court shall require a party seeking the foster care placement of, termination of parental rights over, or the adoption of, an Indian child to seek to determine whether the child is an Indian child through contact with any Indian tribe in which the child may be a member or eligible for membership, the child’s parent, any person who has custody of the child or with whom the child resides, and any other person that reasonably can be expected to have information regarding the child’s possible membership or eligibility for membership in an Indian tribe, including but not limited to the United States department of the interior. 3. A written determination by an Indian tribe that a child is a member of or eligible for membership in that tribe, or testimony attesting to such status by a person authorized by the tribe to provide that determination, shall be conclusive. A written determination by an Indian tribe, or testimony by a person authorized by the tribe to provide that determination or testimony, that a child is not a member of or eligible for membership in that tribe shall be conclusive as to that tribe. If an Indian tribe does not provide evidence of the child’s status as an Indian child, the court shall determine the child’s status. 4. The determination of the Indian status of a child shall be made as soon as practicable in order to serve the best interest of the child and to ensure compliance with the notice requirements of this chapter. 2003 Acts, ch 153, §5

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Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 2004–2023 · leading case: In the Interest of R.E.K.F.
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In the Interest of R.E.K.F. (2005) iowa · cites it 8× “§ 232B.4(2). Notice must be given even if doubts remain about whether the child is an Indian child, because elsewhere the Iowa ICWA states the court or any party to the proceeding shall be deemed to know or have reason to know that an Indian child is involved whenever .”
In Re REKF (2005) iowa · cites it 8× “§ 232B.4(2). Notice must be given even if doubts remain about whether the child is an Indian child, because elsewhere the Iowa ICWA states the court or any party to the proceeding shall be deemed to know or have reason to know that an Indian child is involved whenever .”
In the Interest of M.T., M.T., and T.B., Minor Children (2006) iowa · cites it 2× “See Iowa Code § 232B.4(3) (Supp.2003). Rejecting the constitutional challenges made to the Iowa ICWA by the children’s attorney and the county attorney, the district court permitted the tribe to become a party to the proceeding.”
In the Interest of D.H. (2004) iowactapp · cites it 7× “’s possible Indian heritage, as required under Iowa Code section 232B.4 (Supp.2003), and that the termination should be reversed because of the failure of an inquiry.”
In re the Interest of Z.K., Minor Child (2021) iowactapp · cites it 8× “3 The legislative goal is to assist the child “in establishing, developing, and maintaining a political, cultural, and social relationship with the child’s tribe and tribal community.”
In the Interest of T.B., Minor Child (2018) iowactapp · cites it 4× “See Iowa Code § 232B.4(2). If it is determined the child has Native American heritage, then notice of the proceedings must be sent to the child’s Native American custodians and the child’s tribe.”
In The Interest Of N.n.e., Minor Child, Tyme Madiu Tribe Of The Berry Creek Racheria (2008) iowa “§ 232B.4(1). An “Indian child” is an “unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.”
In Re MT (2006) iowa · cites it 2× “See Iowa Code § 232B.4(3) (Supp.2003). Rejecting the constitutional challenges made to the Iowa ICWA by the children's attorney and the county attorney, the district court permitted the tribe to become a party to the proceeding.”
In Re DH (2004) iowactapp · cites it 7× “'s possible Indian heritage, as required under Iowa Code section 232B.4 (Supp.2003), and that the termination should be reversed because of the failure of an inquiry.”
In the Interest of M.S., Minor Child, J.S., Father (2016) iowactapp · cites it 2× “3 Iowa Code section 232B.4(4) requires that the “determination of the Indian status of the child shall be made as soon as practicable .”
In the Interest of W.H. and G.H., Minor Children (2019) iowactapp · cites it 2× “” Iowa Code § 232B.4(1). We cannot expand ICWA by analogy, as the father proposes.”
In the Interest of C.M., Minor Child, S.M., Mother, S.M.,father (2015) iowactapp · cites it 2× “See Iowa Code § 232B.4(3). 8 record shows the current placement has been positive for the child’s development.”
Show all 13 citing cases →
— Iowa Code § 232B.4(1) — 3 cases
In The Interest Of N.n.e., Minor Child, Tyme Madiu Tribe Of The Berry Creek Racheria (2008) iowa “§ 232B.4(1). An “Indian child” is an “unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.”
In the Interest of W.H. and G.H., Minor Children (2019) iowactapp “” Iowa Code § 232B.4(1). We cannot expand ICWA by analogy, as the father proposes.”
In the Interest of J.C. and S.C., Minor Children (2023) iowactapp
— Iowa Code § 232B.4(2) — 5 cases
In the Interest of R.E.K.F. (2005) iowa “§ 232B.4(2). Notice must be given even if doubts remain about whether the child is an Indian child, because elsewhere the Iowa ICWA states the court or any party to the proceeding shall be deemed to know or have reason to know that an Indian child is involved whenever .”
In the Interest of D.H. (2004) iowactapp “’s possible Indian heritage, as required under Iowa Code section 232B.4 (Supp.2003), and that the termination should be reversed because of the failure of an inquiry.”
In Re REKF (2005) iowa “§ 232B.4(2). Notice must be given even if doubts remain about whether the child is an Indian child, because elsewhere the Iowa ICWA states the court or any party to the proceeding shall be deemed to know or have reason to know that an Indian child is involved whenever .”
In the Interest of T.B., Minor Child (2018) iowactapp “See Iowa Code § 232B.4(2). If it is determined the child has Native American heritage, then notice of the proceedings must be sent to the child’s Native American custodians and the child’s tribe.”
In Re DH (2004) iowactapp “'s possible Indian heritage, as required under Iowa Code section 232B.4 (Supp.2003), and that the termination should be reversed because of the failure of an inquiry.”
— Iowa Code § 232B.4(3) — 6 cases
In the Interest of R.E.K.F. (2005) iowa “§ 232B.4(2). Notice must be given even if doubts remain about whether the child is an Indian child, because elsewhere the Iowa ICWA states the court or any party to the proceeding shall be deemed to know or have reason to know that an Indian child is involved whenever .”
In Re REKF (2005) iowa “§ 232B.4(2). Notice must be given even if doubts remain about whether the child is an Indian child, because elsewhere the Iowa ICWA states the court or any party to the proceeding shall be deemed to know or have reason to know that an Indian child is involved whenever .”
In the Interest of M.T., M.T., and T.B., Minor Children (2006) iowa “See Iowa Code § 232B.4(3) (Supp.2003). Rejecting the constitutional challenges made to the Iowa ICWA by the children’s attorney and the county attorney, the district court permitted the tribe to become a party to the proceeding.”
In re the Interest of Z.K., Minor Child (2021) iowactapp “3 The legislative goal is to assist the child “in establishing, developing, and maintaining a political, cultural, and social relationship with the child’s tribe and tribal community.”
In Re MT (2006) iowa “See Iowa Code § 232B.4(3) (Supp.2003). Rejecting the constitutional challenges made to the Iowa ICWA by the children's attorney and the county attorney, the district court permitted the tribe to become a party to the proceeding.”
— Iowa Code § 232B.4(4) — 3 cases
In the Interest of R.E.K.F. (2005) iowa “§ 232B.4(2). Notice must be given even if doubts remain about whether the child is an Indian child, because elsewhere the Iowa ICWA states the court or any party to the proceeding shall be deemed to know or have reason to know that an Indian child is involved whenever .”
In Re REKF (2005) iowa “§ 232B.4(2). Notice must be given even if doubts remain about whether the child is an Indian child, because elsewhere the Iowa ICWA states the court or any party to the proceeding shall be deemed to know or have reason to know that an Indian child is involved whenever .”
In the Interest of M.S., Minor Child, J.S., Father (2016) iowactapp “3 Iowa Code section 232B.4(4) requires that the “determination of the Indian status of the child shall be made as soon as practicable .”
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