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

Question Title

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

Question Title

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

Question Title

* 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.

Question Title

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

Question Title

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

Question Title

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

Question Title

* 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.

Question Title

* 10. ICWA provides the following with legal counsel:

Question Title

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

Question Title

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

Question Title

* 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.

Question Title

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

Question Title

* 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.

* 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.