ICWA (Indian child custody proceeding in family court): no proceeding until at least 10 days after receipt of notice
10 days after date the parent, indian custodian, tribe, or bia received the icwa notice (latest receipt), under Cal. Fam. Code 180(e); Cal. Rules of Court, rule 5.482(a)(1).
Rule text
Fam. Code 180(e): "No proceeding shall be held until at least 10 days after receipt of notice by the parent, Indian custodian, the tribe, or the Bureau of Indian Affairs. The parent, Indian custodian, or the tribe shall, upon request, be granted up to 20 additional days to prepare for the proceeding." Rule 5.482(a)(1): "If it is known or there is reason to know a child is an Indian child, a court hearing that may result in a foster care placement, termination of parental rights, preadoptive placement, or adoptive placement must not proceed until at least 10 days after the parent, Indian custodian, the tribe, or the Bureau of Indian Affairs has received notice, except as stated in sections (a)(2) and (3)."
Cal. Fam. Code 180(e); Cal. Rules of Court, rule 5.482(a)(1), official source
Calculate this deadline
- Trigger (Date the parent, Indian custodian, tribe, or BIA received the ICWA notice (latest receipt)): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Fam. Code 180(e); Cal. Rules of Court, rule 5.482(a)(1)
Fam. Code 180(e): "No proceeding shall be held until at least 10 days after receipt of notice by the parent, Indian custodian, the tribe, or the Bureau of Indian Affairs. The parent, Indian custodian, or the tribe shall, upon request, be granted up to 20 additional days to prepare for the proceeding." Rule 5.482(a)(1): "If it is known or there is reason to know a child is an Indian child, a court hearing that may result in a foster care placement, termination of parental rights, preadoptive placement, or adoptive placement must not proceed until at least 10 days after the parent, Indian custodian, the tribe, or the Bureau of Indian Affairs has received notice, except as stated in sections (a)(2) and (3)."Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."Official source
- Earliest hearing date. Run from the LAST receipt date shown on the return receipts. Applies in family-court Indian child custody proceedings (guardianship-type custody to a nonparent, freedom from custody, adoption); Fam. Code 170, 177. Proof of notice must be filed before the hearing (180(d)).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the parent, Indian custodian, tribe, or BIA received the ICWA notice (latest receipt) on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date the parent, Indian custodian, tribe, or BIA received the ICWA notice (latest receipt)): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Earliest hearing date. Run from the LAST receipt date shown on the return receipts. Applies in family-court Indian child custody proceedings (guardianship-type custody to a nonparent, freedom from custody, adoption); Fam. Code 170, 177. Proof of notice must be filed before the hearing (180(d)).
Related deadlines
- Notice to other parent of planned change of child's residence (move-away), where custody order requires it (45 days before)
- Sanctions for knowingly false child abuse accusation (Fam. Code 3027.1): OSC hearing at least 15 days after service of the OSC (15 days after)
- Child sexual abuse allegation evaluation (Fam. Code 3118): evaluator files and serves confidential report at least 10 days before custody hearing (10 days before)
- Mediation petition re existing custody/visitation order (where authorized by presiding judge): mediation set within 60 days of filing (60 days after)
- ICWA: earliest hearing if parent, Indian custodian, or tribe requests the additional 20 days to prepare (30 days after)
- UCCJEA expedited enforcement (Fam. Code 3448): hearing on the next judicial day after service of the order (1 court day after)
- UCCJEA warrant to take physical custody (Fam. Code 3451): petition heard on next judicial day after warrant executed (1 court day after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.