(1) Notices required by this article 1.2 in a child custody proceeding must be provided in clear, accessible, and understandable language and include the following information:
- (a) The Indian child's name, date of birth, and place of birth;
- (b) To the extent known, all names, including maiden, married, and former names or aliases of the Indian child's parents, the parents' birthplaces, and the parents' tribal enrollment information;
- (c) To the extent known, the names, dates of birth, places of birth, and tribal enrollment information of other direct lineal ancestors of the Indian child;
- (d) The name of each Indian tribe of which the Indian child is a member or in which the Indian child may be eligible for membership;
- (e) To the extent known, information regarding the Indian child's direct lineal ancestors, an ancestral chart for each biological parent, and the Indian child's tribal affiliation and blood quantum;
- (f) A copy of the petition or motion initiating the proceeding and, if a hearing has been scheduled, information on the date, time, and location of the hearing;
- (g) The name of the petitioning or filing party and the name and address of the party's attorney;
- (h) A statement that the Indian child's parent or Indian custodian has the right to participate in the proceeding pursuant to section 19-1.2-113;
- (i) A statement that the Indian child's tribe has the right to intervene or participate in the proceeding as a party or in an advisory capacity pursuant to section 19-1.2-113;
- (j) A statement that if the court determines that the Indian child's parent or Indian custodian is unable to afford counsel, the parent or Indian custodian has the right to court-appointed counsel;
- (k) A statement that the Indian child's parent, Indian custodian, or tribe has the right, upon request, to up to twenty additional days to prepare for the proceeding;
- (l) A statement that the Indian child's parent, Indian custodian, or tribe has the right to petition the court to transfer the child custody proceeding to the tribal court;
- (m) A statement describing the potential legal consequences of the proceeding on future parental and custodial rights of the Indian child's parent or Indian custodian;
- (n) The mailing address and telephone numbers of the court and contact information for all parties to the proceeding and the individuals notified pursuant to this section; and
- (o) A statement that the information contained in the notice is confidential and must not be shared with any individual who does not need the information to exercise rights pursuant to this article 1.2.
- (2) If the Indian child's parent or Indian custodian has limited English proficiency and may not understand the contents of the notice provided pursuant to this section, the court shall provide language access services as required by Title VI of the federal Civil Rights Act of 1964, 42 U.S.C. sec. 2000e et seq., and other applicable federal and state laws. If the court is unable to secure translation or interpretation support, the court shall contact or direct a party to contact the Indian child's tribe or the local office of the federal bureau of Indian affairs for assistance identifying a qualified translator or interpreter.
(3)
- (a) A hearing that requires notice pursuant to this section must not be held until at least ten days after the latest receipt of the notice by the Indian child's parent, Indian custodian, tribe, or, if applicable, the federal bureau of Indian affairs. Upon request, the court shall grant the Indian child's parent, Indian custodian, or tribe up to twenty-one additional days after the date upon which notice was received by the Indian child's parent, Indian custodian, or tribe to prepare for participation in the hearing.
- (b) This subsection (3) does not prevent a court, during an emergency proceeding before the expiration of the waiting period described in subsection (3)(a) of this section, from reviewing the removal of an Indian child from the Indian child's parent or Indian custodian to determine whether the removal or placement is no longer necessary to prevent imminent physical harm or danger to the Indian child.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1795, § 2, effective August 6.