Brackeen et al v. Zinke et al

Filing 1

COMPLAINT against All Defendants filed by Chad Everet Brackeen, Jennifer Kay Brackeen, State of Texas. (Filing fee $400; Receipt number 0539-8762985) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Cover Sheet) (Ricketts, Rebekah)

EXHIBIT 2

TX 0022

INDIAN CHILD WELFARE ACT CHECKLIST
EVERY CHILD AND FAMILY


Assess possible Indian child status during initial investigation.



Update information on possible Indian child status as additional family members are
located and at regular intervals.

REASON TO BELIEVE OR CONFIRMED INDIAN CHILD STATUS


Contact agency lawyer regarding possible ICWA case and consult regularly throughout
case.



If Indian child status known prior to removal, insert required ICWA information in
affidavit.



Verify any foster or adoptive placement follows statutory preferences unless tribe alters
preferences or court finds good cause not to.



Optional: Send membership query letter to each identified tribe.



Send Notice of Pending Custody Proceeding Involving Indian Child to:
 each identified parent (Indian or non-Indian);
 any Indian custodian;
 each identified tribe;
 Secretary of Interior; and
 Bureau of Indian Affairs (Area Director).



If any parent, custodian or tribe is unknown or can’t be located send
Notice: Parent, Custodian or Tribe of Child Cannot be Identified or Located to:
 the Secretary of Interior; and
 Bureau of Indian Affairs (Area Director).



If there is no response to the formal notice from the tribe, follow up by telephone/fax.



File notice(s) with proof of service with the court.



Make active efforts to preserve Indian family. Confer with tribal social workers and use
ICWA Resources Guide to identify appropriate services. Document services provided.



If relinquishment is anticipated consult agency attorney regarding ICWA requirements
for in court procedure.

Date: _____________________________
Worker:_______________________________________________________________
Supervisor: ____________________________________________________________

DFPS

Form 1706

TX 0023