ICWA Designated Tribal Agents

The regulations implementing the Indian Child Welfare Act (ICWA) provide that Indian Tribes may designate an agent other than the Tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated Tribal agents for service of notice. The South Dakota Legislature passed HB 1051 during the 2006 Legislative Session with the intent to improve the process of notifying tribes in cases subject to ICWA. Under SDCL § 26-7A-15.3, each tribe may designate an individual or agency to whom ICWA notices must be sent and to whom information regarding a temporary custody hearing should be provided. However, following intervention by a tribe, notices must be sent to the tribal representative or counsel who has appeared on behalf of the tribe pursuant to SDCL § 26-8A-33 In order to designate an agent, the tribe must submit a Designated Tribal Agent request form along with a copy of the provision of the tribal code or tribal resolution appointing the individual or agency as the designated agent for receipt of the notices. In order to change the address, telephone number or facsimile number for a designated agent listed below, a Designated Tribal Agent - Request for Change of Address form must be submitted. Effective July 1, 2006, state’s attorneys must send the notices required under ICWA and SDCL Chapter 26-7A to the individual or agency whose name and address are listed below. If a tribe has not designated an agent under SDCL § 26-7A-15.3, the notices should be sent in accordance with relevant federal regulations,25 C.F.R. 23.12.