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Section 767.2 – Reason to know a child is an Indian child; federal Indian Child Welfare Act

May 13, 2021 | Family Law, Louisiana

Upon conducting the inquiry required by Article 767.1, a court has reason to know that a child is an Indian child if any of the following occurs:

(1) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that the child is an Indian child.
(2) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that it has discovered information indicating that the child is an Indian child.
(3) The child who is the subject of the proceeding gives the court reason to know that he is an Indian child.
(4) The court is informed that the domicile or residence of the child, the child’s parent, or the child’s Indian custodian is on a reservation or in an Alaska Native village.
(5) The court is informed that the child is or has been a ward of a Tribal court.
(6) The court is informed that either parent or the child possesses an identification card indicating membership in an Indian tribe.

La. Ch.C. ยง 767.2

Added by Acts 2018, No. 296,s. 1, eff. 8/1/2018.