Indian Child Welfare Act (ICWA) Proceedings in State Court

OMB 1076-0186

This ICR packages addresses the reporting, third-party disclosure, and recordkeeping requirements of the Indian Child Welfare Act (ICWA), which requires State courts and agencies to provide notice to tribes and parents/custodians of any involuntary child custody proceeding that may involve an "Indian child," and requires State courts and agencies to document certain actions and maintain certain records regarding the removal and placement of an "Indian child."

The latest form for Indian Child Welfare Act (ICWA) Proceedings in State Court expires 2023-03-31 and can be found here.

Latest Forms, Documents, and Supporting Material

Document Name
88 FR 11470.pdf Supplementary Document
87 FR 43889.pdf Supplementary Document
IAFR001118__SSA_(1076-0186)_ICWA Proceedings in State Court - JP Feedback.docx Supporting Statement A
ICWA 25 USC 1900 et seq.pdf Supplementary Document
4B - Notify Tribe, parents, Indian custodian of voluntary custody proceeding
3 - Notify Tribal court of pending dismissal and transfer records
16 - Notify whether records maintained with court or agency
11 - Inform adult adoptee of Tribal affiliation upon request
13 - Provide copy of final adoption decree/order
12 - Notify of change in status quo
10 - Notify of petition to vacate
15 - Provide placement records to Tribe or Secretary upon request within 14 days
14 - Maintain records of each placement (including required documents)
9 - Notify placement of withdrawal of consent
8 - Consent to termination or adoption (with required contents)
7 - Document "active efforts"
6 - Notify tribal court of transfer, provide records
5 - Document basis for emergency removal/placement
4A - Notify Tribe, parents/custodian of child custody proceeding
2 - Respond to State regarding Tribal membership
1 - Obtain information on whether child is an "Indian child"

All Historical Document Collections

202302-1076-005 Approved without change	Extension without change of a currently approved collection	2023-02-24
201912-1076-001 Approved without change	Extension without change of a currently approved collection	2019-12-27
201612-1076-002 Approved without change	Revision of a currently approved collection	2016-12-13
201603-1076-001 Preapproved	New collection (Request for a new OMB Control Number)	2016-05-25
201502-1076-002 Comment filed on proposed rule	Existing collection in use without an OMB Control Number	2015-03-20

OMB Details

1 - Obtain information on whether child is an "Indian child"

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