Has anyone ever briefed whether failure to comply with the Indian Child Welfare Act renders proceedings in a case void or voidable?

After TWO hearings in a CPS case, the father's attorney is asking the court to dismiss because he claims we failed to provide timely notice to the father's tribe. The tribe has had notice for over four months and has made absolutely no effort to intervene in the case or to assert jurisdiction.

If you have met the inquiry and notice requirements of ICWA, and the BIA nor any tribe has sent notice that the child is a tribal member or that they wish to intevene, then you have still met your burden under ICWA. Even if you did not send notice, I don't think it gives any grounds for dismissal of the case, only future grounds for the parents or tribe to try to get final orders invalidated if ICWA was not followed.

I have a copy of the BIA Guidelines to ICWA, if you do not have that, respond or e-mail me your fax # and I'll send it.

[This message was edited by raythomas on 01-10-06 at .]