Notice

Jurisdictions can vary in who is responsible for mailing the initial notice. For some, it will be the corporation counsel or the district attorney, while others require court personnel to fulfill this requirement. In some cases, the agency or caseworker is responsible. You will need to check with your supervisor to determine who is responsible for mailing the notice in your jurisdiction. The information provided below is to assist county agency staff in fulfilling this requirement, if applicable.

This section will help you with preparing the initial notice to parents, tribes, Indian custodians and the Bureau of Indian Affairs (BIA). Formal notice must be sent to the Indian child's tribe, parents, and Indian custodian, if there is one. If the child’s tribe is unknown, the notice must be sent to the BIA. This notice must be received by the child’s tribe, parents and Indian custodians at least 10 days prior to the first hearing of a CHIPS/JIPS and TPR proceeding. The BIA must receive the notice at least 15 days prior to the first hearing [Ref. s. 48.028(4)(a); 938.028(4)(a)].

In a situation where an Indian child is taken into an emergency custody and a hearing must be held, the county is not required to send a formal notice to the tribe of the emergency hearing. However, the tribe must be notified of the hearing with the same diligence and timeliness as the parents.

There is an official notice in eWiSACWIS that includes all the required information that must accompany the notice. You must fill this form out in its entirety to ensure that compliance with the 2016 federal ICWA regulations. Remember the forms in eWiSACWIS are provided to assist you in gathering the information you need to determine the child’s membership status, and provide proper notification to the tribe. However, at this point you should also be working to actively engage the tribe and the family in a collaborative relationship.

How Do I Send the Notice?

  • The notice must be sent via registered mail even if also delivered in person.
  • A copy of the petition must be included with the initial notice
  • A return receipt must be requested when sending via registered mail for proof of delivery.
  • Place a copy of the first notice and return receipt in the case file.
  • Provide a copy of the notice and return receipt to the court.
  • Also send copies of all notices to the Midwest Regional BIA whose address is located on the notice in eWiSACWIS.
  • Notice may be provided via regular mail, in person, or via FAX (never via email).
  • Place copy of subsequent notice in the case file.

  • If it is unknown which tribe the child may be affiliated with, send notice to the Midwest Regional BIA office in Bloomington, MN
  • If you have identified potential tribe(s) where the child could be a member or eligible for membership send notice to the regional BIA office in which those potential tribe(s) are located. A copy of this notice(s) must also be sent to the Midwest Regional BIA office in Bloomington, MN


  • If the parent’s location is unknown send notice to any regional BIA office(s) for the tribe(s) where the child may be a member or eligible for membership.
  • A copy of this notice(s) must also be sent to the Midwest Regional BIA office in Bloomington, MN.


  • If the father is unknown send notice to any regional BIA office(s) for the tribe(s) where the child may be a member or eligible for membership.
  • A copy of this notice(s) must also be sent to the Midwest Regional BIA office in Bloomington, MN.


  • Make diligent efforts to contact the tribal agent
  • Reach out to the tribal agent via telephone and email

Notice of Involuntary Child Custody Proceeding Involving an Indian Child

Tip: Make sure you complete the following sections:

  • Identification of the parties
  • Current placement of the child
  • Hearing information
  • Contact information
The first hearing in the proceeding may not be held until at least 10 days after receipt of this notice by the parent, Indian custodian, and tribe or until at least 15 days after receipt of this notice by the Bureau of Indian Affairs [Ref. s. 48.028(4)(a); 938.028(4)(a)]

Notice of Involuntary Child Custody Proceeding Involving an Indian Child
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You can find this form in eWiSACWIS by going to Tab 4 – Documents Tab. To create any of these documents, click on the Insert button. The Document Select page will open. Select the document to create and click Continue.



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