NOTE: THIS INFORMATION IS PROVIDED AS A PUBLIC SERVICE.
THE REGISTER IN PROBATE OFFICE CANNOT GIVE LEGAL ADVICE; PLEASE CONTACT AN ATTORNEY IF YOU NEED LEGAL GUIDANCE OR ADVICE.
THE REGISTER IN PROBATE OFFICE CANNOT GIVE LEGAL ADVICE; PLEASE CONTACT AN ATTORNEY IF YOU NEED LEGAL GUIDANCE OR ADVICE.
Termination of Parental Rights - Child Subject to Indian Child Welfare Act
Termination of Parental Rights (TPR) means that, pursuant to a court order, all rights, powers, privileges, immunities, duties and obligations existing between parent and child are permanently severed. Parental rights may be terminated either voluntarily or involuntarily.
To begin a Termination of Parental Rights for a child subject to the Indian Child Welfare Act, the following documents need to be completed:
Form No. | Form Name | Link to Document |
IW-1633 | Summons - ICWA | Click here to access form |
IW-1630 | Petition for Termination of Parental Rights - ICWA | Click here to access form |
GF-150 | Uniform Child Custody Jurisdiction Act Affidavit | Click here to access form |
IW-1609 | Statement of Active Efforts - ICWA | Click here to access form |
IW-1637 | Consent to Termination of Parental Rights (Judicial) - ICWA | Click here to access form |
JD-1798A | Order Appointing Guardian ad Litem | Click here to access form |
IW-1638 | Order Concerning Termination of Parental Rights (Voluntary) ICWA | Click here to access form |
IW-1639 | Order Concerning Termination of Parental Rights (Involuntary) ICWA | Click here to access form |
JD-1825 | Affidavit of Service | Click here to access form |
- When the above documents are filed with the Court, a hearing date will be set. Copies of the necessary documents will be provided to the petitioner for service on the terminating parent.
- A $500 Guardian ad Litem deposit is required at the time of filing. If the petitioner has a financial inability to pay because of indigency guidelines, a Petition for Waiver of Fees must be completed.
- It is the petitioner's responsibility to serve the terminating parent with the appropriate documents at least 7 days prior to the hearing date and file the proof of service prior to the hearing.