Rule 1203 Indian Child

(a) Inquiry.

(1) At the commencement of the initial proceeding, including a court’s acceptance of either jurisdiction of a resident child from another state or supervision pursuant to another state’s order, the court shall inquire as to the efforts made by the county agency to determine whether the child is an Indian child and whether any participant has reason to know the child is an Indian child. All responses shall be placed on the record.

(2) The court shall advise the participants of their obligation to report to the court if they subsequently receive information that provides a reason to know the child is an Indian child.

(b) Finding of Court. The court shall make a finding as to whether there is reason to know the child is an Indian child.

(c) Additional Requirements.

(1) If the court finds there is reason to know the child is an Indian child, but lacks sufficient evidence to determine whether the child is an Indian child, the court shall confirm due diligence has been used to make such determination, and the court shall treat the child as an Indian child until it can determine, from the record, that the child does not meet the definition of an Indian child.

(2) If the court has sufficient evidence to conclude the child is an Indian child, then the notification and rights under the Indian Child Welfare Act shall apply.