Initial Hearing

Pursuant to 25 C.F.R. section 23.107(a), at the initial hearing in any juvenile protection matter, the court shall make a thorough on-the-record inquiry as to whether the child has Indian ancestry or heritage. If, upon such inquiry, the court finds that an Indian tribe has determined that a child is an Indian child, the court shall comply with the Indian Child Welfare Act, the Minnesota Indian Family Preservation Act, and these rules. If the court is unable to make such a finding but has reason to know that the child is an Indian child, the court shall direct the petitioner to further investigate the child's ancestry or heritage and shall treat the matter as if ICWA applies pending the investigation.