Tribal Participation in State Court Proceedings Governed by ICWA

The Indian Child Welfare Act (ICWA) mandates that an Indian child's tribe must be notified of any state court proceedings involving the child, with the tribe having the right to intervene at any point in the process. Even if the tribe chooses not to formally intervene, they must still be consulted on the child's placement and case planning, and they retain the right to participate in court proceedings, including addressing the court and examining documents. Additionally, the tribe can choose to be represented by either an attorney or a designated representative, who is granted the same rights as attorneys in the proceedings, ensuring the tribe's ability to effectively participate in the case.