Petition To Transfer ICWA CINA Case To Trial Court {CN-336} | Pdf Fpdf Docx | Alaska

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Petition To Transfer ICWA CINA Case To Trial Court {CN-336} | Pdf Fpdf Docx | Alaska

Last updated: 8/23/2023

Petition To Transfer ICWA CINA Case To Trial Court {CN-336}

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CN-336 - PETITION TO TRANSFER ICWA CINA CASE TO TRIBAL COURT. This form is used in Alaska's Superior Court for the purpose of filing a petition to transfer jurisdiction of a Child in Need of Aid (CINA) case to tribal court. This petition is based on the Indian Child Welfare Act of 1978 (ICWA), a federal law that grants tribal courts jurisdiction in cases involving Indian children to promote the stability and security of Indian tribes and families. The purpose of this form is to initiate a process where the petitioner is seeking to have the case involving the minor child transferred from the state court to the tribal court, in accordance with ICWA regulations. The form collects information about the petitioner, the parents of the Indian child, the Indian custodian(s), the child's tribe, the tribal court, and other parties involved in the case. The form includes a "Notice to All Parties" section to inform all parties involved about the transfer process, their rights, and the implications of transferring jurisdiction to tribal court. It explains that opposition from a parent or Indian custodian can prevent the transfer, and if the tribal court declines jurisdiction, the transfer will not be granted. It also discusses the termination of state court appointments if jurisdiction is transferred to tribal court. The "Certificate of Service" section is used to certify that the petitioner has served copies of the petition and related documents to all relevant parties listed in the form, which is a requirement for proper legal notice and due process. 25 USC §§ 1901-1963 CINA R. 23.

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