ICWA (probate guardianship or conservatorship of Indian child): no proceeding until at least 10 days after parent, Indian custodian, tribe or BIA receives notice
10 days after date the parent, indian custodian, tribe or bureau of indian affairs received the icwa notice (latest receipt), under Cal. Prob. Code 1460.2(e).
Rule text
(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.
Calculate this deadline
- Trigger (Date the parent, Indian custodian, tribe or Bureau of Indian Affairs received the ICWA notice (latest receipt)): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Prob. Code 1460.2(e)
(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.Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10, 17(b)(4), applied to probate proceedings by Prob. Code 1000; Cal. Rules of Court, rule 1.10
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." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." 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." CCP 17(b)(4): "“Month” means a calendar month, unless otherwise expressed." Prob. Code 1000(a): "Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice in, proceedings under this code."Official source
- Earliest hearing date. Runs from RECEIPT (use the return receipt date). On request the parent, Indian custodian or tribe gets up to 20 more days. Proof of notice must be filed in advance of the hearing (1460.2(d)). See also CRC 7.1015.
- 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 Bureau of Indian Affairs 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 Bureau of Indian Affairs 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. Runs from RECEIPT (use the return receipt date). On request the parent, Indian custodian or tribe gets up to 20 more days. Proof of notice must be filed in advance of the hearing (1460.2(d)). See also CRC 7.1015.
Related deadlines
- Notice of hearing on petition for temporary guardianship or temporary conservatorship (5 court days before)
- Personal delivery to proposed conservatee of notice of proposed temporary conservator appointment (5 days before)
- Hearing to reconsider ex parte temporary guardianship (if general hearing not within 30 days) (30 days after)
- Hearing on petition to terminate ex parte temporary conservatorship (filed more than 15 days before general hearing) (15 days after)
- Notice of hearing on petition to terminate temporary conservatorship (2250(h)(1) hearing) (10 days before)
- Notice of hearing on petition to terminate temporary conservatorship heard with general petition (2250(h)(2)) (5 court days before)
- Guardian or conservator files notice of change of residence (30 days after)
- Advance notice of intent to remove ward from current residence (15 days) (15 days before)
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.