Choctaw ICWA Assessment Post Test

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1. ICWA applies to “Indian children” this includes children who are:

Members of a federally recognized tribe,

Eligible for membership in a federally recognized tribe and the child of a member

Both.

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2. ICWA only applies when a tribe intervenes in the case.

True

False

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3. If a transfer to tribal court is requested in an ICWA case, the State court may deny it if: 1) the parent objects; 2) the child objects; 3) the Tribal Court Declines transfer; 4) the state court finds "good cause."

1, 2, & 4

1, 3, & 4

1, 2, & 3

2, 3, & 4

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4. The state court must follow tribal placement preference in ICWA cases.

True

False

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5. It is the responsibility of the _________________ to provide a qualified exert witness in an ICWA case.

Tribe

State

Parent

Child

None of the above

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6. Where the Oklahoma ICWA law provides more protections for parents, the state must follow the federal ICWA.

True

False

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7. Under ICWA the standard for an emergency removal of an Indian Child in state court is (choose one):

Serious emotional or physical damage to the child

At risk of of abuse or neglect

Imminent physical damage or harm to the child

Best interest of the child

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8. Only one tribe may be determined to be the "Indian child's tribe" and eligible for party status in an ICWA proceeding.

True

False

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9. For hearings where notice under ICWA is required the state court may not hold the hearing until a least _ days after receipt of notice by the tribe, parent, or Indian custodian, and the tribe, parent or Indian custodian may request an additional _ days to prepare for the proceeding.

20, 30

15, 15

20, 10

10, 20

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10. ICWA provides the following with legal counsel:

Parents of Indian Children, if indigent; Indian Custodians, if indigent; Indian Children, if in their best interest

Parents of Indian Children, if indigent

Parents of Indian Children, if indigent; The Indian Child's Tribe

Grandparents, if indigent; Parents of Indian Children, if indigent

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11. In Oklahoma, Active Efforts must be proven at the permanency hearing.

True

False

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12. True/False: ICWA does not account for or cover guardianship or conservatorship hearings.

True

False

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13. Any Parent, child, Indian Custodian or Tribe may request to _____________ an action upon a showing that that action violated a jurisdictional, procedural or voluntary provision of ICWA.

rehear

invalidate

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14. In non-P.L. 280 states, a tribe has exclusive jurisdiction over an “Indian child” who:

is domiciled on the reservation or is a ward of tribal court.

has had minimum contacts with their tribal community.

could reasonably expectation to be hailed to tribal court.

is domiciled on the reservation.

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15. Under the federal law, notice is not required in voluntary ICWA proceedings, although the state court must still make a determination as to whether ICWA applies.

True

False

Choctaw ICWA Assessment Post Test

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* 1. ICWA applies to “Indian children” this includes children who are:

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* 2. ICWA only applies when a tribe intervenes in the case.

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* 3. If a transfer to tribal court is requested in an ICWA case, the State court may deny it if: 1) the parent objects; 2) the child objects; 3) the Tribal Court Declines transfer; 4) the state court finds "good cause."

Question Title

* 4. The state court must follow tribal placement preference in ICWA cases.

Question Title

* 5. It is the responsibility of the _________________ to provide a qualified exert witness in an ICWA case.

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* 6. Where the Oklahoma ICWA law provides more protections for parents, the state must follow the federal ICWA.

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* 7. Under ICWA the standard for an emergency removal of an Indian Child in state court is (choose one):

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* 8. Only one tribe may be determined to be the "Indian child's tribe" and eligible for party status in an ICWA proceeding.

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* 9. For hearings where notice under ICWA is required the state court may not hold the hearing until a least ___ days after receipt of notice by the tribe, parent, or Indian custodian, and the tribe, parent or Indian custodian may request an additional ___ days to prepare for the proceeding.

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* 10. ICWA provides the following with legal counsel:

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* 11. In Oklahoma, Active Efforts must be proven at the permanency hearing.

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* 12. True/False: ICWA does not account for or cover guardianship or conservatorship hearings.

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* 13. Any Parent, child, Indian Custodian or Tribe may request to _____________ an action upon a showing that that action violated a jurisdictional, procedural or voluntary provision of ICWA.

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* 14. In non-P.L. 280 states, a tribe has exclusive jurisdiction over an “Indian child” who:

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* 15. Under the federal law, notice is not required in voluntary ICWA proceedings, although the state court must still make a determination as to whether ICWA applies.

1. ICWA applies to “Indian children” this includes children who are:

2. ICWA only applies when a tribe intervenes in the case.

3. If a transfer to tribal court is requested in an ICWA case, the State court may deny it if: 1) the parent objects; 2) the child objects; 3) the Tribal Court Declines transfer; 4) the state court finds "good cause."

4. The state court must follow tribal placement preference in ICWA cases.

5. It is the responsibility of the _________________ to provide a qualified exert witness in an ICWA case.

6. Where the Oklahoma ICWA law provides more protections for parents, the state must follow the federal ICWA.

7. Under ICWA the standard for an emergency removal of an Indian Child in state court is (choose one):

8. Only one tribe may be determined to be the "Indian child's tribe" and eligible for party status in an ICWA proceeding.

9. For hearings where notice under ICWA is required the state court may not hold the hearing until a least _ days after receipt of notice by the tribe, parent, or Indian custodian, and the tribe, parent or Indian custodian may request an additional _ days to prepare for the proceeding.

10. ICWA provides the following with legal counsel:

11. In Oklahoma, Active Efforts must be proven at the permanency hearing.

12. True/False: ICWA does not account for or cover guardianship or conservatorship hearings.

13. Any Parent, child, Indian Custodian or Tribe may request to _____________ an action upon a showing that that action violated a jurisdictional, procedural or voluntary provision of ICWA.

14. In non-P.L. 280 states, a tribe has exclusive jurisdiction over an “Indian child” who:

15. Under the federal law, notice is not required in voluntary ICWA proceedings, although the state court must still make a determination as to whether ICWA applies.