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2 | 1901 Findings | Recognizing the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people, the Congress finds— (1) that clause 3, section 8, article I of the United States Constitution provides that “The Congress shall have Power * * * To regulate Commerce * * * with Indian tribes [1]” and, through this and other constitutional authority, Congress has plenary power over Indian affairs; (2) that Congress, through statutes, treaties, and the general course of dealing with Indian tribes, has assumed the responsibility for the protection and preservation of Indian tribes and their resources; (3) that there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children and that the United States has a direct interest, as trustee, in protecting Indian children who are members of or are eligible for membership in an Indian tribe; (4) that an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by nontribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions; and (5) that the States, exercising their recognized jurisdiction over Indian child custody proceedings through administrative and judicial bodies, have often failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families. | (a) The Legislature finds and declares the following: (1) There is no resource that is more vital to the continued existence and integrity of recognized Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members of, or are eligible for membership in, an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and other applicable law, designed to prevent the child's involuntary out-of-home placement and, whenever the placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the child's tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the child's tribe and tribal community. (2) It is in the interest of an Indian child that the child's membership in the child's Indian tribe and connection to the tribal community be encouraged and protected, regardless of any of the following: (A) Whether the child is in the physical custody of an Indian parent or Indian custodian at the commencement of a child custody proceeding. (B) Whether the parental rights of the child's parents have been terminated. (C) Where the child has resided or been domiciled. (b) In all Indian child custody proceedings the court shall consider all of the findings contained in subdivision (a), strive to promote the stability and security of Indian tribes and families, comply with the federal Indian Child Welfare Act, and seek to protect the best interest of the child. Whenever an Indian child is removed from a foster care home or institution, guardianship, or adoptive placement for the purpose of further foster care, guardianship, or adoptive placement, placement of the child shall be in accordance with the Indian Child Welfare Act. (c) A determination by an Indian tribe that an unmarried person, who is under the age of 18 years, is either (1) a member of an Indian tribe or (2) eligible for membership in an Indian tribe and a biological child of a member of an Indian tribe shall constitute a significant political affiliation with the tribe and shall require the application of the federal Indian Child Welfare Act to the proceedings. (d) In any case in which this code or other applicable state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child, or the Indian child's tribe, than the rights provided under the Indian Child Welfare Act, the court shall apply the higher standard. (e) Any Indian child, the Indian child's tribe, or the parent or Indian custodian from whose custody the child has been removed, may petition the court to invalidate an action in an Indian child custody proceeding for foster care, guardianship placement, or termination of parental rights if the action violated Sections 1911, 1912, and 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). Nothing in this section is intended to prohibit, restrict, or otherwise limit any rights under Section 1914 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). Cal. Fam. Code § 175 (West) | 1. Finding. The Legislature finds and declares that membership or citizenship in an Indian tribe, as well as eligibility for membership or citizenship in an Indian tribe, as determined by each Indian tribe is a political classification. Me. Rev. Stat. tit. 22, § 3942 | Section 2. Legislative findings—purpose. (1) The legislature recognizes that in possibly no other area of concurrent tribal and state law is it more important that tribal sovereignty be respected than in an area as socially and culturally determinative as family relationships. The legislature finds that the state is committed to protecting the essential tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents, the health, safety, or welfare of the child, or the interests of the child's tribe. (2) The legislature further finds that when placement away from the parent or Indian custodian is necessary for the Indian child's safety, the state is committed to a placement that reflects and honors the unique values of the Indian child's tribal culture and is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, social, and spiritual relationship with the Indian child's tribe and tribal community. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | WHEREAS, Current research shows that family, culture and community promote resiliency and health development in Indian children; and WHEREAS, Congress, working with tribal nations, tribal leadership and advocates for Indian children, passed the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., in 1978 to stop the removal of Indian children from their homes, families and communities; and WHEREAS, At the time Congress passed the Indian Child Welfare Act, Indian children were being removed by public and private agencies at rates as high as 25 percent to 35 percent; and WHEREAS, Indian children continue to be removed from their homes at rates higher than other non-Indian children; and WHEREAS, Despite requirements under the Indian Child Welfare Act, application of the Indian Child Welfare Act in Nevada courts is inconsistent; and WHEREAS, Clearly addressing in state law the coordination between and respective roles of the state and tribes regarding the provision of child welfare services to Indian children will provide uniform and consistent direction to state courts, tribes and practitioners to prevent unlawful removals of Indian children from their families and promote the stable placement of Indian children in loving, permanent homes that are connected to family and culture; now, therefore, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | The Legislative Assembly finds that the United States Congress recognizes the special legal status of Indian tribes and their members. It is the policy of the State of Oregon to protect the health and safety of Indian children and the stability and security of Indian tribes and families by promoting practices designed to prevent the removal of Indian children from their families and, if removal is necessary and lawful, to prioritize the placement of an Indian child with the Indian child's extended family and tribal community. The state recognizes the inherent jurisdiction of Indian tribes to make decisions regarding the custody of Indian children. The state also recognizes the importance of ensuring that Indian children and Indian families receive appropriate services to obviate the need to remove an Indian child from the Indian child's home and, if removal is necessary and lawful, to effect the child's safe return home. ORS 419B.600 to 419B.654 create additional safeguards for Indian children to address disproportionate rates of removal, to improve the treatment of and services provided to Indian children and Indian families in the child welfare system and to ensure that Indian children who must be removed are placed with Indian families, communities and cultures. Or. Rev. Stat. Ann. § 419B.600 (West) | The legislature finds that the state is committed to protecting the essential tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents, the health, safety, or welfare of the children, or the interests of their tribe. Whenever out-of-home placement of an Indian child is necessary in a proceeding subject to the terms of the federal Indian child welfare act and in this chapter, the best interests of the Indian child may be served by placing the Indian child in accordance with the placement priorities expressed in this chapter. The legislature further finds that where placement away from the parent or Indian custodian is necessary for the child's safety, the state is committed to a placement that reflects and honors the unique values of the child's tribal culture and is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, social, and spiritual relationship with the child's tribe and tribal community. Wash. Rev. Code Ann. § 13.38.030 (West) | (1) Declaration of policy. In Indian child custody proceedings, the best interests of the Indian child shall be determined in accordance with s. 48.01(2). Wis. Stat. Ann. § 48.028 (West) (2) In Indian child custody proceedings, the best interests of the Indian child shall be determined in accordance with the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and the policy specified in this subsection. It is the policy of this state for courts and agencies responsible for child welfare to do all of the following: (a) Cooperate fully with Indian tribes in order to ensure that the federal Indian Child Welfare Act is enforced in this state. (b) Protect the best interests of Indian children and promote the stability and security of Indian tribes and families by doing all of the following: 1. Establishing minimum standards for the removal of Indian children from their families and placing those children in out-of-home care placements, preadoptive placements, or adoptive placements that will reflect the unique value of Indian culture. 2. Using practices, in accordance with the federal Indian Child Welfare Act, 25 USC 1901 to 1963, this section, and other applicable law, that are designed to prevent the voluntary or involuntary out-of-home care placement of Indian children and, when an out-of-home care placement, adoptive placement, or preadoptive placement is necessary, placing an Indian child in a placement that reflects the unique values of the Indian child's tribal culture and that is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian child's tribe and tribal community. Wis. Stat. Ann. § 48.01 (West) |  | Please Contact Kate Fort fort@msu.edu for any changes or additions Version changes only include major changes to the sheet. Minor changes and corrections are made regularly. Version 1.1 was Uploaded to Sheets on 8/13/23 Version 1.2 was uploaded on 8/16/23 Version 1.3 was uploaded on 11/14/23 to add CT Version 1.4 was started on 2/12/24 to add to dates of passage or amendment | ||||||||||||||||||||||
3 | 1902 Purpose | The Congress hereby declares that it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture, and by providing for assistance to Indian tribes in the operation of child and family service programs. | § 23.101 What is the purpose of this subpart? The regulations in this subpart clarify the minimum Federal standards governing implementation of the Indian Child Welfare Act (ICWA) to ensure that ICWA is applied in all States consistent with the Act's express language, Congress's intent in enacting the statute, and to promote the stability and security of Indian tribes and families. | The purpose of the Iowa Indian child welfare Act is to clarify state policies and procedures regarding implementation of the federal Indian Child Welfare Act, Pub. L. No. 95-608, as codified in 25 U.S.C. ch. 21.1 It is the policy of the state to cooperate fully with Indian tribes and tribal citizens in Iowa in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced. This cooperation includes recognition by the state that Indian tribes have a continuing and compelling governmental interest in an Indian child whether or not the child is in the physical or legal custody of an Indian parent, Indian custodian, or an Indian extended family member at the commencement of a child custody proceeding or the child has resided or domiciled on an Indian reservation. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act and other applicable law, designed to prevent the child's voluntary or involuntary out-of-home placement and, whenever such placement is necessary or ordered, by placing the child, whenever possible, in a foster home, adoptive home, or other type of custodial placement that reflects the unique values of the child's tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the child's tribe and tribal community. Iowa Code Ann. § 232B.2 (West) | 2. Declaration of policy. The purpose of the Maine Indian Child Welfare Act is recognition by the State that Indian tribes have a continuing and compelling governmental interest in an Indian child whether or not the Indian child is in the physical or legal custody of an Indian parent, an Indian custodian or an Indian extended family member at the commencement of an Indian child custody proceeding or the Indian child has resided or is domiciled on an Indian reservation. The State is committed to protecting the essential tribal relations and best interests of an Indian child by promoting practices in accordance with all laws designed to prevent the Indian child's voluntary or involuntary out-of-home placement and, whenever such placement is necessary or ordered, by placing the Indian child, whenever possible, in a placement that reflects the unique values of the Indian child's tribal culture and that is best able to assist the Indian child in establishing, developing and maintaining a political, cultural and social relationship with the Indian child's tribe and tribal community. It is the policy of the State to cooperate fully with Indian tribes and tribal members and citizens in this State and elsewhere in order to ensure that the intent and provisions of this Act are enforced. Me. Rev. Stat. tit. 22, § 3942 | The purposes of the Minnesota Indian Family Preservation Act are to (1) protect the long-term interests, as defined by the Tribes, of Indian children, their families as defined by law or custom, and the child's Tribe; and (2) preserve the Indian family and Tribal identity, including an understanding that Indian children are damaged if family and child Tribal identity and contact are denied. Indian children are the future of the Tribes and are vital to their very existence. Minn. Stat. Ann. § 260.753 (West) | The purpose of the Nebraska Indian Child Welfare Act is to clarify state policies and procedures regarding the implementation by the State of Nebraska of the federal Indian Child Welfare Act. It shall be the policy of the state to cooperate fully with Indian tribes in Nebraska in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced. This cooperation includes recognition by the state that Indian tribes have a continuing and compelling governmental interest in an Indian child whether or not the Indian child is in the physical or legal custody of a parent, an Indian custodian, or an Indian extended family member at the commencement of an Indian child custody proceeding or the Indian child has resided or is domiciled on an Indian reservation. The state is committed to protecting the essential tribal relations and best interests of an Indian child by promoting practices consistent with the federal Indian Child Welfare Act and other applicable law designed to prevent the Indian child's voluntary or involuntary out-of-home placement. Neb. Rev. Stat. Ann. § 43-1502 (West) | Sec. 2. 1. The Legislature hereby finds that the United States Congress recognizes the special legal status of Indian tribes and their members. It is the policy of this State to protect the health and safety of Indian children and the stability and security of Indian tribes and families by promoting practices designed to prevent the removal of Indian children from their families and, if removal is necessary and lawful, to prioritize the placement of an Indian child with the Indian child's extended family and tribal community. 2. This State recognizes the inherent jurisdiction of Indian tribes to make decisions regarding the custody of Indian children and also recognizes the importance of ensuring that Indian children and Indian families receive appropriate services to obviate the need to remove an Indian child from the Indian child's home and, if removal is necessary and lawful, to effect the child's safe return home. 3. Sections 2 to 38, inclusive, of this act create additional safeguards for Indian children to address disproportionate rates of removal, to improve the treatment of and services provided to Indian children and Indian families in the child welfare system and to ensure that Indian children who must be removed are placed with Indian families, communities and cultures. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | The purpose of the Oklahoma Indian Child Welfare Act is the clarification of state policies and procedures regarding the implementation by the State of Oklahoma of the federal Indian Child Welfare Act, P.L. 95-608.1 It shall be the policy of the state to recognize that Indian tribes and nations have a valid governmental interest in Indian children regardless of whether or not said children are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated. It shall be the policy of the state to cooperate fully with Indian tribes in Oklahoma in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced. Okla. Stat. Ann. tit. 10, § 40.1 (West) | It is the intent of the legislature that this chapter is a step in clarifying existing laws and codifying existing policies and practices. This chapter shall not be construed to reject or eliminate current policies and practices that are not included in its provisions. The legislature further intends that nothing in this chapter is intended to interfere with policies and procedures that are derived from agreements entered into between the department and a tribe or tribes, as authorized by section 109 of the federal Indian child welfare act. The legislature finds that this chapter specifies the minimum requirements that must be applied in a child custody proceeding and does not prevent the department from providing a higher standard of protection to the right of any Indian child, parent, Indian custodian, or Indian child's tribe. It is also the legislature's intent that the department's policy manual on Indian child welfare, the tribal-state agreement, and relevant local agreements between individual federally recognized tribes and the department should serve as persuasive guides in the interpretation and implementation of the federal Indian child welfare act, this chapter, and other relevant state laws. Wash. Rev. Code Ann. § 13.38.030 (West) | (a) This act shall be known and may be cited as the “Wyoming Indian Child Welfare Act.” (b) The purpose of this act is to codify the federal Indian Child Welfare Act of 1978 into state law. Wyo. Stat. Ann. § 14-6-701 (West) | ver | |||||||||||||||||||||
4 | Active Efforts (Definition Section) | 23.2 Active efforts means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with his or her family. Where an agency is involved in the child-custody proceeding, active efforts must involve assisting the parent or parents or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. To the maximum extent possible, active efforts should be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's Tribe and should be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians, and Tribe. Active efforts are to be tailored to the facts and circumstances of the case and may include, for example: (1) Conducting a comprehensive assessment of the circumstances of the Indian child's family, with a focus on safe reunification as the most desirable goal; (2) Identifying appropriate services and helping the parents to overcome barriers, including actively assisting the parents in obtaining such services; (3) Identifying, notifying, and inviting representatives of the Indian child's Tribe to participate in providing support and services to the Indian child's family and in family team meetings, permanency planning, and resolution of placement issues; (4) Conducting or causing to be conducted a diligent search for the Indian child's extended family members, and contacting and consulting with extended family members to provide family structure and support for the Indian child and the Indian child's parents; (5) Offering and employing all available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the child's Tribe; (6) Taking steps to keep siblings together whenever possible; (7) Supporting regular visits with parents or Indian custodians in the most natural setting possible as well as trial home visits of the Indian child during any period of removal, consistent with the need to ensure the health, safety, and welfare of the child; (8) Identifying community resources including housing, financial, transportation, mental health, substance abuse, and peer support services and actively assisting the Indian child's parents or, when appropriate, the child's family, in utilizing and accessing those resources; (9) Monitoring progress and participation in services; (10) Considering alternative ways to address the needs of the Indian child's parents and, where appropriate, the family, if the optimum services do not exist or are not available; (11) Providing post-reunification services and monitoring. | (f) “Active efforts” means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with their family. If an agency is involved in an Indian child custody proceeding, active efforts shall involve assisting the parent, parents, or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. To the maximum extent possible, active efforts shall be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe and shall be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians, and tribe. Active efforts shall be tailored to the facts and circumstances of the case and may include, but are not limited to, any of the following: (1) Conducting a comprehensive assessment of the circumstances of the Indian child's family, with a focus on safe reunification as the most desirable goal. (2) Identifying appropriate services and helping the parents overcome barriers, including actively assisting the parents in obtaining those services. (3) Identifying, notifying, and inviting representatives of the Indian child's tribe to participate in providing support and services to the Indian child's family and in family team meetings, permanency planning, and resolution of placement issues. (4) Conducting or causing to be conducted a diligent search for the Indian child's extended family members, and contacting and consulting with extended family members to provide family structure and support for the Indian child and the Indian child's parents. (5) Offering and employing all available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the child's tribe. (6) Taking steps to keep siblings together whenever possible. (7) Supporting regular visits with parents or Indian custodians in the most natural setting possible, as well as trial home visits of the Indian child during any period of removal, consistent with the need to ensure the health, safety, and welfare of the child. (8) Identifying community resources, including housing, financial assistance, transportation, mental health and substance abuse services, and peer support services, and actively assisting the Indian child's parents or, when appropriate, the child's family, in utilizing and accessing those resources. (9) Monitoring progress and participation in services. (10) Considering alternative ways to address the needs of the Indian child's parents and, where appropriate, the family, if the optimum services do not exist or are not available. (11) Providing postreunification services and monitoring. | 1. Active efforts. “Active efforts” means affirmative, active, thorough and timely efforts tailored to the facts and circumstances of the case and intended primarily to maintain or reunite an Indian child with that child's family. When an agency is involved in the Indian child custody proceeding, active efforts must include assisting the parent or parents or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. To the maximum extent possible, active efforts should be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe and should be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians and tribe. Active efforts may include: A. Conducting a comprehensive assessment of the circumstances of the Indian child's family, with a focus on safe reunification as the most desirable goal; B. Identifying appropriate services and helping the parents to overcome barriers, including actively assisting the parents in obtaining such services; C. Identifying, notifying and inviting representatives of the Indian child's tribe to participate in providing support and services to the Indian child's family and in family team meetings, permanency planning and resolution of placement issues; D. Conducting or causing to be conducted a diligent search for the Indian child's extended family members and contacting and consulting with extended family members to provide family structure and support for the Indian child and the Indian child's parents; E. Offering and implementing all available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the Indian child's tribe; F. Taking steps to keep siblings together whenever possible; G. Supporting regular visits with parents or Indian custodians in the most natural setting possible as well as trial home visits of the Indian child during any period of removal, consistent with the need to ensure the health, safety and welfare of the child; H. Identifying community resources including housing, financial, transportation, mental health, substance abuse and peer support services and actively assisting the Indian child's parents or, when appropriate, the child's family, in utilizing and accessing those resources; I. Monitoring progress and participation in services; J. Considering alternative ways to address the needs of the Indian child's parents and, when appropriate, the family, if the optimum services do not exist or are not available; and K. Providing post-reunification services and monitoring. Me. Rev. Stat. tit. 22, § 3943 | 712B.3 (a) "Active efforts" means actions to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and to reunify the Indian child with the Indian family. Active efforts require more than a referral to a service without actively engaging the Indian child and family. Active efforts include reasonable efforts as required by title IV-E of the social security act, 42 USC 670 to 679c, and also include, but are not limited to, doing or addressing all of the following: (i) Engaging the Indian child, child's parents, tribe, extended family members, and individual Indian caregivers through the utilization of culturally appropriate services and in collaboration with the parent or child's Indian tribes and Indian social services agencies. (ii) Identifying appropriate services and helping the parents to overcome barriers to compliance with those services. (iii) Conducting or causing to be conducted a diligent search for extended family members for placement. (iv) Requesting representatives designated by the Indian child's tribe with substantial knowledge of the prevailing social and cultural standards and child rearing practice within the tribal community to evaluate the circumstances of the Indian child's family and to assist in developing a case plan that uses the resources of the Indian tribe and Indian community, including traditional and customary support, actions, and services, to address those circumstances. (v) Completing a comprehensive assessment of the situation of the Indian child's family, including a determination of the likelihood of protecting the Indian child's health, safety, and welfare effectively in the Indian child's home. (vi) Identifying, notifying, and inviting representatives of the Indian child's tribe to participate in all aspects of the Indian child custody proceeding at the earliest possible point in the proceeding and actively soliciting the tribe's advice throughout the proceeding. (vii) Notifying and consulting with extended family members of the Indian child, including extended family members who were identified by the Indian child's tribe or parents, to identify and to provide family structure and support for the Indian child, to assure cultural connections, and to serve as placement resources for the Indian child. (viii) Making arrangements to provide natural and family interaction in the most natural setting that can ensure the Indian child's safety, as appropriate to the goals of the Indian child's permanency plan, including, when requested by the tribe, arrangements for transportation and other assistance to enable family members to participate in that interaction. (ix) Offering and employing all available family preservation strategies and requesting the involvement of the Indian child's tribe to identify those strategies and to ensure that those strategies are culturally appropriate to the Indian child's tribe. (x) Identifying community resources offering housing, financial, and transportation assistance and in-home support services, in-home intensive treatment services, community support services, and specialized services for members of the Indian child's family with special needs, and providing information about those resources to the Indian child's family, and actively assisting the Indian child's family or offering active assistance in accessing those resources. (xi) Monitoring client progress and client participation in services. (xii) Providing a consideration of alternative ways of addressing the needs of the Indian child's family, if services do not exist or if existing services are not available to the family. | Subd. 1a. Active efforts. “Active efforts” means a rigorous and concerted level of effort that is ongoing throughout the involvement of the child-placing agency to continuously involve the Indian child's Tribe and that uses the prevailing social and cultural values, conditions, and way of life of the Indian child's Tribe to preserve the Indian child's family and prevent placement of an Indian child and, if placement occurs, to return the Indian child to the child's family at the earliest possible time. Active efforts under section 260.762 requires a higher standard than reasonable efforts to preserve the family, prevent breakup of the family, and reunify the family. Active efforts include reasonable efforts as required by Title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 679c. Minn. Stat. Ann. § 260.755 (West) | (1) “Active efforts” means affirmative, active, thorough, and timely efforts meeting the requirements of [section 12] that are intended primarily to maintain or reunite an Indian child with the child's family and that are tailored to the facts and circumstances of the case. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | (1) Active efforts shall mean and include, but not be limited to: (a) A concerted level of casework, both prior to and after the removal of an Indian child, exceeding the level that is required under reasonable efforts to preserve and reunify the family described in section 43-283.01 in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe or tribes to the extent possible under the circumstances; (b) A request to the Indian child's tribe or tribes and extended family known to the department or the state to convene traditional and customary support and services; (c) Actively engaging, assisting, and monitoring the family's access to and progress in culturally appropriate and available resources of the Indian child's extended family members, tribal service area, Indian tribe or tribes, and individual Indian caregivers; (d) Identification of and provision of information to the Indian child's extended family members known to the department or the state concerning appropriate community, state, and federal resources that may be able to offer housing, financial, and transportation assistance and actively assisting the family in accessing such community, state, and federal resources; (e) Identification of and attempts to engage tribally designated Nebraska Indian Child Welfare Act representatives; (f) Consultation with extended family members known to the department or the state, or a tribally designated Nebraska Indian Child Welfare Act representative if an extended family member cannot be located, to identify family or tribal support services that could be provided by extended family members or other tribal members if extended family members cannot be located; (g) Exhaustion of all available tribally appropriate family preservation alternatives; and (h) When the department or the state is involved in a proceeding under the act, the department or the state shall provide a written report of its attempt to provide active efforts to the court at every hearing involving an Indian child. This report shall be sent to the Indian child's tribe or tribes within three days after being filed with the court and shall be deemed to be admissible evidence of active efforts in proceedings conducted under the act; Neb. Rev. Stat. Ann. § 43-1503 (West) | A. “active efforts” means efforts that are affirmative, active, thorough and timely and that represent a higher standard of conduct than reasonable efforts; N.M. Stat. Ann. § 32A-28-2 (West) | 1. As used in this chapter, unless context requires otherwise: a. “Active efforts” means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with the Indian child's family. If an agency is involved in the child custody proceeding, active efforts must involve assisting the parent or a parent or Indian custodian with the steps of a case plan and including accessing or developing the resources necessary to satisfy the case plan. To the maximum extent possible, active efforts should be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe and should be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians, and tribe. Active efforts are to be tailored to the facts and circumstances of the case. The term includes: (1) Conducting a comprehensive assessment of the circumstances of the Indian child's family, with a focus on safe reunification as the most desirable goal, with ongoing timely assessment to determine when the threat is resolved and placement of the Indian child can be returned to the custodian. (2) Identifying appropriate services and helping a parent or Indian custodian to overcome barriers, including actively assisting a parent or Indian custodian in obtaining such services. (3) Identifying, notifying, and inviting representatives of the Indian child's tribe to participate in providing support and services to the Indian child's family and in family team meetings, permanency planning, and resolution of placement issues. (4) Conducting or causing to be conducted a diligent search for the Indian child's extended family members, and contacting and consulting with extended family members to provide family structure and support for the Indian child and the Indian child's parent or Indian custodian. (5) Offering and employing available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the Indian child's tribe. (6) Taking steps to keep siblings together, if possible. (7) Supporting regular visits with a parent or Indian custodian in the most natural setting possible as well as trial home visits of the Indian child during any period of removal, consistent with the need to ensure the health, safety, and welfare of the Indian child. (8) Identifying community resources, including housing, financial, transportation, mental health, substance abuse, and peer support services and actively assisting the Indian child's parent or Indian custodian or, as appropriate, the Indian child's family, in utilizing and accessing those resources. (9) Monitoring progress and participation in services. (10) Considering alternative ways to address the needs of the Indian child's parent or Indian custodian and where appropriate, the family, if the optimum services do not exist or are not available. (11) Providing post-reunification services and monitoring. N.D. Cent. Code Ann. § 27-19.1-01 (West) | (1) “Active efforts” means the following: (a) In any foster care placement or termination of parental rights proceeding of an Indian child under chapter 13.34 RCW and this chapter where the department or a supervising agency as defined in *RCW 74.13.020 has a statutory or contractual duty to provide services to, or procure services for, the parent or parents or Indian custodian, or is providing services to a parent or parents or Indian custodian pursuant to a disposition order entered pursuant to RCW 13.34.130, the department or supervising agency shall make timely and diligent efforts to provide or procure such services, including engaging the parent or parents or Indian custodian in reasonably available and culturally appropriate preventive, remedial, or rehabilitative services. This shall include those services offered by tribes and Indian organizations whenever possible. At a minimum “active efforts” shall include: (i) In any dependency proceeding under chapter 13.34 RCW seeking out-of-home placement of an Indian child in which the department or supervising agency provided voluntary services to the parent, parents, or Indian custodian prior to filing the dependency petition, a showing to the court that the department or supervising agency social workers actively worked with the parent, parents, or Indian custodian to engage them in remedial services and rehabilitation programs to prevent the breakup of the family beyond simply providing referrals to such services. (ii) In any dependency proceeding under chapter 13.34 RCW, in which the petitioner is seeking the continued out-of-home placement of an Indian child, the department or supervising agency must show to the court that it has actively worked with the parent, parents, or Indian custodian in accordance with existing court orders and the individual service plan to engage them in remedial services and rehabilitative programs to prevent the breakup of the family beyond simply providing referrals to such services. (iii) In any termination of parental rights proceeding regarding an Indian child under chapter 13.34 RCW in which the department or supervising agency provided services to the parent, parents, or Indian custodian, a showing to the court that the department or supervising agency social workers actively worked with the parent, parents, or Indian custodian to engage them in remedial services and rehabilitation programs ordered by the court or identified in the department or supervising agency's individual service and safety plan beyond simply providing referrals to such services. (b) In any foster care placement or termination of parental rights proceeding in which the petitioner does not otherwise have a statutory or contractual duty to directly provide services to, or procure services for, the parent or Indian custodian, “active efforts” means a documented, concerted, and good faith effort to facilitate the parent's or Indian custodian's receipt of and engagement in services capable of meeting the criteria set out in (a) of this subsection. (2) “Best interests of the Indian child” means the use of practices in accordance with the federal Indian child welfare act, this chapter, and other applicable law, that are designed to accomplish the following: (a) Protect the safety, well-being, development, and stability of the Indian child; (b) prevent the unnecessary out-of-home placement of the Indian child; (c) acknowledge the right of Indian tribes to maintain their existence and integrity which will promote the stability and security of their children and families; (d) recognize the value to the Indian child of establishing, developing, or maintaining a political, cultural, social, and spiritual relationship with the Indian child's tribe and tribal community; and (e) in a proceeding under this chapter where out-of-home placement is necessary, to prioritize placement of the Indian child in accordance with the placement preferences of this chapter. Wash. Rev. Code Ann. § 13.38.040 (West) | ||||||||||||||||||||||
5 | Best Interests | 2. “Best interest of the child” means the use of practices in accordance with the federal Indian Child Welfare Act,1 this chapter, and other applicable law, that are designed to prevent the Indian child's voluntary or involuntary out-of-home placement, and whenever such placement is necessary or ordered, placing the child, to the greatest extent possible, in a foster home, adoptive placement, or other type of custodial placement that reflects the unique values of the child's tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian child's tribe and tribal community. Iowa Code Ann. § 232B.3 (West) | 712B.5 Best interests of child; duties of courts. Sec. 5. In Indian child custody proceedings, the best interests of the Indian child shall be determined, in consultation with the Indian child's tribe, in accordance with the Indian child welfare act, and the policy specified in this section. Courts shall do both of the following: (a) Protect the best interests of Indian children and promote the stability and security of Indian tribes and families. (b) Ensure that the department uses practices, in accordance with the Indian child welfare act, this chapter, and other applicable law, that are designed to prevent the voluntary or involuntary out-of-home care placement of Indian children and, when an out-of-home care placement, adoptive placement, or preadoptive placement is necessary, place an Indian child in a placement that reflects the unique values of the Indian child's tribal culture and that is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian child's tribe and tribal community. | Subd. 2a. Best interests of an Indian child. “Best interests of an Indian child” means compliance with the Indian Child Welfare Act1 and the Minnesota Indian Family Preservation Act2 to preserve and maintain an Indian child's family. The best interests of an Indian child support the child's sense of belonging to family, extended family, and tribe. The best interests of an Indian child are interwoven with the best interests of the Indian child's tribe. | (2) Best interests of the Indian child shall include: (a) Using practices in compliance with the federal Indian Child Welfare Act, the Nebraska Indian Child Welfare Act, and other applicable laws that are designed to prevent the Indian child's voluntary or involuntary out-of-home placement; and (b) Whenever an out-of-home placement is necessary, placing the child, to the greatest extent possible, in a foster home, adoptive placement, or other type of custodial placement that reflects the unique values of the Indian child's tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian child's tribe or tribes and tribal community; Neb. Rev. Stat. Ann. § 43-1503 (West) | Sec. 20. In a child custody proceeding involving an Indian child, when making a determination regarding the best interests of the child in accordance with sections 2 to 38, inclusive, of this act, chapter 432B of NRS, the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., or any applicable regulations or rules regarding sections 2 to 38, inclusive, of this act, chapter 432B of NRS or the Indian Child Welfare Act, the court shall, in consultation with the Indian child's tribe, consider the following: 1. The protection of the safety, well-being, development and stability of the Indian child; 2. The prevention of unnecessary out-of-home placement of the Indian child; 3. The prioritization of placement of the Indian child in accordance with the placement preferences under section 37 of this act; 4. The value to the Indian child of establishing, developing or maintaining a political, cultural, social and spiritual relationship with the Indian child's tribe and tribal community; and 5. The importance to the Indian child of the Indian tribe's ability to maintain the tribe's existence and integrity in promotion of the stability and security of Indian children and families. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | When making a determination regarding the best interests of an Indian child pursuant to the Indian Family Protection Act, a court shall, after allowing testimony from all parties and the Indian child's tribe, consider the following relevant factors: A. the prioritization of placement of the Indian child in accordance with the placement preferences provided by the Indian Family Protection Act; B. the prevention of unnecessary out-of-home placement of the Indian child; C. the critical importance to the Indian child of establishing, developing or maintaining a political, cultural, social and spiritual relationship with the Indian child's tribe and tribal community and with familial ties such as clanship and family with unique cultural characteristics; D. the importance to the Indian child of the ability of the Indian child's tribe to maintain its existence and integrity in promotion of the stability and security of Indian children and families; and E. the protection, safety and well-being of the Indian child. N.M. Stat. Ann. § 32A-28-36 (West) | In a child custody proceeding involving an Indian child, when making a determination regarding the best interests of the child under ORS 109.266 to 109.410 or 419B.600 to 419B.654, ORS chapter 419B, the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) or any regulations or rules regarding ORS 109.266 to 109.410 or 419B.600 to 419B.654, ORS chapter 419B, or the Indian Child Welfare Act, the court shall, in consultation with the Indian child’s tribe, consider the following: (1) The protection of the safety, well-being, development and stability of the Indian child; (2) The prevention of unnecessary out-of-home placement of the Indian child; (3) The prioritization of placement of the Indian child in accordance with the placement preferences under ORS 419B.654; (4) The value to the Indian child of establishing, developing or maintaining a political, cultural, social and spiritual relationship with the Indian child's tribe and tribal community; and (5) The importance to the Indian child of the Indian tribe's ability to maintain the tribe's existence and integrity in promotion of the stability and security of Indian children and families. Or. Rev. Stat. Ann. § 419B.612 (West) | |||||||||||||||||||||||||
6 | 1903(1) Child Custody Proceedings | §1903 (1) “child custody proceeding” shall mean and include-- (i) “foster care placement” which shall mean any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated; (ii) “termination of parental rights” which shall mean any action resulting in the termination of the parent-child relationship; (iii) “preadoptive placement” which shall mean the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; and (iv) “adoptive placement” which shall mean the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. Such term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one of the parents. | 23.2 Child-custody proceeding. (1) “Child-custody proceeding” means and includes any action, other than an emergency proceeding, that may culminate in one of the following outcomes: (i) Foster-care placement, which is any action removing an Indian child from his or her parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated; (ii) Termination of parental rights, which is any action resulting in the termination of the parent-child relationship; (iii) Preadoptive placement, which is the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; or (iv) Adoptive placement, which is the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. (2) An action that may culminate in one of these four outcomes is considered a separate child-custody proceeding from an action that may culminate in a different one of these four outcomes. There may be several child-custody proceedings involving any given Indian child. Within each child-custody proceeding, there may be several hearings. If a child is placed in foster care or another out-of-home placement as a result of a status offense, that status offense proceeding is a child-custody proceeding. (c) If a proceeding listed in paragraph (a) of this section concerns a child who meets the statutory definition of “Indian child,” then ICWA will apply to that proceeding. In determining whether ICWA applies to a proceeding, the State court may not consider factors such as the participation of the parents or the Indian child in Tribal cultural, social, religious, or political activities, the relationship between the Indian child and his or her parents, whether the parent ever had custody of the child, or the Indian child's blood quantum. (d) If ICWA applies at the commencement of a proceeding, it will not cease to apply simply because the child reaches age 18 during the pendency of the proceeding. | (c) “Indian child custody proceeding” means a “child custody proceeding” within the meaning of Section 1903 of the Indian Child Welfare Act, including a voluntary or involuntary proceeding that may result in an Indian child's temporary or long-term foster care or guardianship placement if the parent or Indian custodian cannot have the child returned upon demand, termination of parental rights, or adoptive placement. An “Indian child custody proceeding” does not include a proceeding under this code commenced by the parent of an Indian child to determine the custodial rights of the child's parents, unless the proceeding involves a petition to declare an Indian child free from the custody or control of a parent or involves a grant of custody to a person or persons other than a parent, over the objection of a parent. Cal. Fam. Code § 170 (West) (d)(1) “Indian child custody proceeding” means a hearing during a juvenile court proceeding brought under this code, or a proceeding under the Probate Code or the Family Code, involving an Indian child, other than an emergency proceeding under Section 319, that may culminate in one of the following outcomes: (A) Foster care placement, which includes removal of an Indian child from their parent, parents, or Indian custodian for placement in a foster home, institution, or the home of a guardian or conservator, in which the parent or Indian custodian may not have the child returned upon demand, but in which parental rights have not been terminated. Foster care placement does not include an emergency placement of an Indian child pursuant to Section 309, as long as the emergency proceeding requirements set forth in Section 319 are met. (B) Termination of parental rights, which includes any action involving an Indian child resulting in the termination of the parent-child relationship. (C) Preadoptive placement, which includes the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to, or in lieu of, adoptive placement. (D) Adoptive placement, which includes the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. (E) If a child is placed in foster care or another out-of-home placement as a result of a status offense, that status offense proceeding is considered an Indian child custody proceeding. (2) “Indian child custody proceeding” does not include a voluntary foster care or guardianship placement if the parent or Indian custodian retains the right to have the child returned upon demand. Cal. Welf. & Inst. Code § 224.1 (West) | (1) “Adoptive placement” means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. “Adoptive placement” does not include placement based upon an act, which if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to either parent. Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West) (2) “Child custody proceeding” means a proceeding that includes an adoptive placement, foster care placement, preadoptive placement or termination of parental rights. “Child custody proceeding” does not include placement based upon an act, which if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to either parent. (3) “Foster care placement” means any action removing an Indian child from such child's parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated. “Foster care placement” does not include placement based upon an act, which if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to either parent. Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West) (11) “Preadoptive placement” means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement. “Preadoptive placement” does not include placement based upon an act, which if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to either parent. Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West) (16) “Termination of parental rights” means any action resulting in the termination of the parent-child relationship. “Termination of parental rights” does not include placement based upon an act, which if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to either parent. Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West) | ICA 232B.3 (3)-(4) 3. “Child custody proceeding” means a voluntary or involuntary proceeding that may result in an Indian child's adoptive placement, foster care placement, preadoptive placement, or termination of parental rights. 4. “Foster care placement” means the temporary placement of an Indian child in an individual or agency foster care placement or in the personal custody of a guardian or conservator prior to the termination of parental rights, from which the child cannot be returned upon demand to the custody of the parent or Indian custodian but there has not been a termination of parental rights. “Foster care placement” does not include a placement based upon an act by an Indian child which, if committed by an adult, would be deemed a crime, or upon an award, in a divorce proceeding, of custody to one of the child's parents. 1. “Adoptive placement” means the permanent placement of an Indian child for adoption including, but not limited to, any action under chapter 232, 600, or 600A resulting in a final decree of adoption. “Adoptive placement” does not include a placement based upon an act by an Indian child which, if committed by an adult, would be deemed a crime, or upon an award, in a divorce proceeding, of custody to one of the child's parents. Iowa Code Ann. § 232B.3 (West) 13. “Preadoptive placement” means the temporary placement of an Indian child in an individual or agency foster care placement after the termination of parental rights, but prior to or in lieu of an adoptive placement. “Preadoptive placement” does not include a placement based upon an act by an Indian child which, if committed by an adult, would be deemed a crime, or upon an award, in a divorce proceeding, of custody to one of the child's parents. Iowa Code Ann. § 232B.3 (West) 16. “Termination of parental rights” means any action resulting in the termination of the parent-child relationship. “Termination of parental rights” does not include a placement based upon an act by an Indian child which, if committed by an adult, would be deemed a crime, or upon an award, in a divorce proceeding, of custody to one of the child's parents. Iowa Code Ann. § 232B.3 (West) | Art. 103.1 B Child custody proceedings to which the federal Indian Child Welfare Act and the regulations promulgated thereunder apply include the following: (a) A child in need of care proceeding. (b) A certification for adoption proceeding. (c) A family in need of services proceeding. (d) A transfer of custody, a surrender for adoption, and any other voluntary proceeding. | 2. Adoptive placement. “Adoptive placement” means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. Me. Rev. Stat. tit. 22, § 3943 6. Foster care placement. “Foster care placement” means the removal of an Indian child from the home of the child's parent or Indian custodian for temporary placement in a foster home, qualified residential treatment program, residential care center for Indian children and youth, or shelter care facility, in the home of a relative other than a parent or Indian custodian, or in the home of a guardian or conservator, from which placement the parent or Indian custodian cannot have the child returned upon demand. “Foster care placement” does not include an adoptive placement, a preadoptive placement, an emergency removal or the detention of an Indian child. Me. Rev. Stat. tit. 22, § 3943 9. Indian child custody proceeding. “Indian child custody proceeding” means a proceeding, other than an emergency proceeding, that may culminate in any of the following outcomes for or related to an Indian child: A. Adoptive placement; B. Foster care placement; C. Preadoptive placement; or D. Termination of parental rights. An Indian child custody proceeding does not include a proceeding in tribal court or a proceeding that may culminate in an outcome for which placement is based upon an act by an Indian child that, if committed by an adult, would be considered a crime or a proceeding involving an award of custody to one of the Indian child's parents, including, but not limited to, a divorce proceeding, a parental rights and responsibilities proceeding, a judicial separation proceeding, a protection from abuse proceeding or other domestic relations proceeding. Me. Rev. Stat. tit. 22, § 3943 16. Preadoptive placement. “Preadoptive placement” means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but before or in lieu of adoptive placement. Me. Rev. Stat. tit. 22, § 3943 | Subd. 3. Child placement proceeding. (a) “Child placement proceeding” includes a judicial proceeding which could result in: (1) “adoptive placement,” meaning the permanent placement of an Indian child for adoption, including an action resulting in a final decree of adoption; (2) “involuntary foster care placement,” meaning an action removing an Indian child from the child's parents or Indian custodian for temporary placement in a foster home, institution, or the home of a guardian. The parent or Indian custodian cannot have the Indian child returned upon demand, but parental rights have not been terminated; (3) “preadoptive placement,” meaning the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, before or instead of adoptive placement; or (4) “termination of parental rights,” meaning an action resulting in the termination of the parent-child relationship under section 260C.301. (b) The term child placement proceeding includes all placements where Indian children are placed out-of-home or away from the care, custody, and control of their parent or parents or Indian custodian that do not implicate custody between the parents. Child placement proceeding also includes any placement based upon juvenile status offenses, but does not include a placement based upon an act which if committed by an adult would be deemed a crime, or upon an award of custody in a divorce proceeding to one of the parents. | (2) “Adoptive placement” means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. (3)(a) “Child custody proceeding” means any state or private proceeding, other than an emergency proceeding, that may culminate in a foster care placement, termination of parental rights, preadoptive placement, or adoptive placement. (b) The term does not include a placement based on: (i) an act that, if committed by an adult, would be considered a crime; or (ii) an award, in a dissolution proceeding, of custody to one of the child's parents. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) (6) “Foster care placement” means an action removing an Indian child from the child's parent or Indian custodian for temporary placement in a foster home or institution or with a relative, guardian, conservator, or suitable other person under which the parent or Indian custodian may not have the child returned on demand but parental rights have not been terminated. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) (15) “Preadoptive placement” means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights but before or in lieu of adoptive placement. (16) “Termination of parental rights” means any action resulting in the termination of the parent-child relationship. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1503 (3) Child custody proceeding shall mean and include: (a) Foster care placement which shall mean any action removing an Indian child from his or her parent or Indian custodian for temporary or emergency placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated; (b) Termination of parental rights which shall mean any action resulting in the termination of the parent-child relationship; (c) Preadoptive placement which shall mean the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; (d) Adoptive placement which shall mean the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption; and (e) Voluntary foster care placement which shall mean a non-court-involved proceeding in which the department or the state is facilitating a voluntary foster care placement or in-home services to families at risk of entering the foster care system. An Indian child, parent, or tribe involved in a voluntary foster care placement shall only be provided protections as provided in subsection (4) of section 43-1505 and sections 43-1506 and 43-1508. Such term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one of the parents; Neb. Rev. Stat. Ann. § 43-1503 (West) | Sec. 4. "Child custody proceeding" means a matter arising under chapter 432B of NRS in which the legal custody or physical custody of a child is an issue. The term does not include an emergency proceeding. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session Sec. 6. "Emergency proceeding" means any court action that involves the emergency removal or emergency placement of an Indian child, with or without a protective custody order. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | B. “adoptive placement” means a permanent placement of an Indian child for adoption, including an action resulting in a final decree of adoption; C. “child custody proceeding” means an action for foster care placement, termination of parental rights, permanent guardianship or adoptive placement or an action pursuant to Section 32A-3A-8 NMSA 1978 or the Family in Need of Court-Ordered Services Act and includes investigations and other preliminary activities preceding the formal initiation of an action, but does not include:(1) delinquency proceedings; and(2) custodial proceedings or kinship guardianships pursuant to Chapter 40 NMSA 1978; N.M. Stat. Ann. § 32A-28-2 (West) H. “foster care placement” means: (1) an action pursuant to the Abuse and Neglect Act removing an Indian child from the child's parent, guardian or Indian custodian for temporary placement in a foster home or institution or the home of a guardian where the parent or Indian custodian cannot have the child returned upon demand, but in which parental rights have not been terminated; or (2) the temporary placement of an Indian child in foster care pursuant to a voluntary agreement entered into between a parent, guardian or Indian custodian and the department pursuant to the Voluntary Placement and Family Services Act. N.M. Stat. Ann. § 32A-28-2 (West) | b. “Adoptive placement” means the permanent placement of an Indian child for adoption. N.D. Cent. Code Ann. § 27-19.1-01 (West) d. “Foster care or nonfoster care placement” means the removal of an Indian child from the home of his or her parent or Indian custodian for temporary placement in a foster home, qualified residential treatment program, residential care center for Indian children and youth, or certified shelter care facility, in the home of a relative other than a parent or Indian custodian, or in the home of a guardian, from which placement the parent or Indian custodian cannot have the Indian child returned upon demand. The term does not include an adoptive placement, a preadoptive placement, and emergency change in placement under section 27-20.3-06 or holding an Indian child in custody. N.D. Cent. Code Ann. § 27-19.1-01 (West) g. “Indian child custody proceeding” means a proceeding brought by the state involving: (1) Foster care or nonfoster care placement; (2) A preadoptive placement; (3) An adoptive placement; or (4) A termination of parental rights under section 27-20.3-20 for an Indian child. N.D. Cent. Code Ann. § 27-19.1-01 (West) l. “Preadoptive placement” means the temporary placement of an Indian child in a foster home, home of a relative other than a parent or Indian custodian, or home of a guardian after a termination of parental rights but before or in lieu of an adoptive placement, but does not include an emergency change in placement under section 27-20.3-06. N.D. Cent. Code Ann. § 27-19.1-01 (West) m. “Termination of parental rights” means any action resulting in the termination of the parent-child relationship. It does not include a placement based upon an act by an Indian child which, if committed by an adult, would be deemed a crime or a placement upon award of custody to one of the Indian child's parents in a divorce proceeding. N.D. Cent. Code Ann. § 27-19.1-01 (West) 1. This chapter includes requirements that apply if an Indian child is the subject of: a. A child custody proceeding, including: (1) An involuntary proceeding; and (2) A voluntary proceeding that could prohibit the parent or Indian custodian from regaining custody of the Indian child upon demand; b. An emergency proceeding other than: (1) A tribal court proceeding; or (2) A proceeding regarding a delinquent act; c. An award of custody of the Indian child to one of the parents, including an award in a divorce proceeding: or d. A voluntary placement that either parent, both parents, or the Indian custodian has, of his or her or their free will, without a threat of removal by a state agency, chosen for the Indian child and that does not operate to prohibit the Indian child's parent or Indian custodian from regaining custody of the Indian child upon demand. 2. If a proceeding under subsection 1 concerns an Indian child, this chapter applies to that proceeding. In determining whether this chapter applies to a proceeding, the state court may not consider factors such as the participation of a parent or the Indian child in tribal cultural, social, religious, or political activities; the relationship between the Indian child and the Indian child's parent; whether the parent ever had custody of the Indian child: or the Indian child's blood quantum. 3. If this chapter applies at the commencement of a proceeding, this chapter does not cease to apply solely because the Indian child reaches age eighteen during the pendency of the proceeding. N.D. Cent. Code Ann. § 27-19.1-02 (West) | (1)(a) “Child custody proceeding” means a matter arising under ORS chapter 109, 418, 419A or 419B in which the legal custody or physical custody of an Indian child is an issue. (b) “Child custody proceeding” does not include: (A) A proceeding for the custody or support of, or parenting time with, a child under ORS 109.100, 109.103 or 109.119; or (B) An emergency proceeding. (2) “Emergency proceeding” means any court action that involves the emergency removal or emergency placement of an Indian child, including removal under ORS 419B.150, with or without a protective custody order, or a shelter care proceeding under ORS 419B.185. Or. Rev. Stat. Ann. § 419B.603 (West) | (3) “Child custody proceeding” includes: (a) “Foster care placement” which means any action removing an Indian child from his or her parent or Indian custodian for temporary placement in a foster home, institution, or with a relative, guardian, conservator, or suitable other person where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated; (b) “Termination of parental rights” which means any action resulting in the termination of the parent-child relationship; (c) “Preadoptive placement” which means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights but before or in lieu of adoptive placement; and (d) “Adoptive placement” which means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. These terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a dissolution proceeding of custody to one of the parents. Wash. Rev. Code Ann. § 13.38.040 (West) | (a) “Adoptive placement” means the permanent placement of an Indian child for adoption. Wis. Stat. Ann. § 48.028 (West) “Indian child custody proceeding" means a proceeding governed by the federal Indian Child Welfare Act, 25 USC 1901 to 1963, in which any of the following may occur: 1. An adoptive placement. 2. An out‐of‐home care placement. 3. A preadoptive placement. 4. A termination of parental rights, as defined in s. 48.40 (2) to an Indian child. 5. A delegation of powers by a parent regarding the care and custody of an Indian child for longer than one year under s. 48.979. (e) “Out-of-home care placement” means the removal of an Indian child from the home of his or her parent or Indian custodian for temporary placement in a foster home, group home, residential care center for children and youth, or shelter care facility, in the home of a relative other than a parent, or in the home of a guardian, from which placement the parent or Indian custodian cannot have the child returned upon demand. “Out-of-home care placement” does not include an adoptive placement, a preadoptive placement, a delegation of powers, as described in par. (d)5., an emergency change in placement under s. 48.357(2)(b), or holding an Indian child in custody under ss. 48.19 to 48.21. (f) “Preadoptive placement” means the temporary placement of an Indian child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in the home of a guardian after a termination of parental rights but prior to or in lieu of an adoptive placement. “Preadoptive placement” does not include an emergency change in placement under s. 48.437(2). Wis. Stat. Ann. § 48.028 (West) | (i) “Child custody proceeding” means any action concerning the custody or care of an Indian child, including a shelter care placement, the termination of parental rights, preadoptive placement or adoptive placement. “Child custody proceeding” shall not include a placement based upon an act that, if committed by an adult, would be deemed a crime and shall not include an award of custody to a parent in a divorce proceeding; Wyo. Stat. Ann. § 14-6-702 (West) (xi) “Shelter care” means as defined by W.S. 14-3-402(a)(xvii) and shall include foster care; Wyo. Stat. Ann. § 14-6-702 (West) | |||||||||||||||
7 | Continued Custody | 23.1 Continued custody means physical custody or legal custody or both, under any applicable Tribal law or Tribal custom or State law, that a parent or Indian custodian already has or had at any point in the past. The biological mother of a child has had custody of a child. | (i) “Continued custody” means physical custody or legal custody or both, under any applicable tribal law or tribal custom or state law, that a parent or Indian custodian already has or had at any time in the past. The biological mother of an Indian child is deemed to have had custody of the Indian child. | Sec. 18. 1. A person has custody of an Indian child under sections 2 to 38, inclusive, of this act if the person has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law. 2. An Indian child's parent has continued custody of the Indian child if the parent currently has, or previously had, custody of the Indian child. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | (1) An individual has custody of an Indian child under ORS 419B.600 to 419B.654, if the individual has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law. (2) An Indian child's parent has continued custody of the Indian child under ORS 419B.600 to 419B.654, if the parent currently has, or previously had, custody of the Indian child. (3) For purposes of ORS 419B.600 to 419B.654, the following individuals are presumed to have continued custody of an Indian child: (a) The Indian child's biological mother. (b) A man who is married to the Indian child's biological mother. (c) A man whose parentage has been acknowledged or established as described in ORS 419B.609. Or. Rev. Stat. Ann. § 419B.606 (West) | (4) “Court of competent jurisdiction” means a federal court, or a state court that entered an order in a child custody proceeding involving an Indian child, as long as the state court had proper subject matter jurisdiction in accordance with this chapter and the laws of that state, or a tribal court that had or has exclusive or concurrent jurisdiction pursuant to 25 U.S.C. Sec. 1911. Wash. Rev. Code Ann. § 13.38.040 (West) | |||||||||||||||||||||||||||
8 | Court of Competent Jurisdiction | (4) “Court of competent jurisdiction” means a court that has jurisdiction over the relevant subject matter under federal, state, or tribal law. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | |||||||||||||||||||||||||||||||
9 | Culturally Appropriate Services | 712B.3(d) "Culturally appropriate services" means services that enhance an Indian child's and family's relationship to, identification, and connection with the Indian child's tribe. Culturally appropriate services should provide the opportunity to practice the teachings, beliefs, customs, and ceremonies of the Indian child's tribe so those may be incorporated into the Indian child's daily life, as well as services that address the issues that have brought the Indian child and family to the attention of the department that are consistent with the tribe's beliefs about child rearing, child development, and family wellness. Culturally appropriate services may involve tribal representatives, extended family members, tribal elders, spiritual and cultural advisors, tribal social services, individual Indian caregivers, medicine men or women, and natural healers. If the Indian child's tribe establishes a different definition of culturally appropriate services, the court shall follow the tribe's definition. | |||||||||||||||||||||||||||||||
10 | Cultural Compact | ||||||||||||||||||||||||||||||||
11 | Custody | 23.1 Custody means physical custody or legal custody or both, under any applicable Tribal law or Tribal custom or State law. A party may demonstrate the existence of custody by looking to Tribal law or Tribal custom or State law. | (j) “Custody” means physical custody or legal custody or both, under any applicable tribal law or tribal custom or state law. Cal. Welf. & Inst. Code § 224.1 (West) | Subd. 4a. Custody. “Custody” means the physical or legal custody, or both, of an Indian child under any applicable Tribal law, Tribal custom, or state law. A party may demonstrate the existence of custody by looking to Tribal law, Tribal custom, or state law. Minn. Stat. Ann. § 260.755 (West) | (1) An individual has custody of an Indian child under ORS 419B.600 to 419B.654, if the individual has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law. Or. Rev. Stat. Ann. § 419B.606 (West) | ||||||||||||||||||||||||||||
12 | Discussion with an Indian Tribe | E. “discussion with an Indian tribe” means documented good faith efforts to actively communicate and work with an Indian tribe; N.M. Stat. Ann. § 32A-28-2 (West) | |||||||||||||||||||||||||||||||
13 | Domicile | 23.1 Domicile means: (1) For a parent or Indian custodian, the place at which a person has been physically present and that the person regards as home; a person's true, fixed, principal, and permanent home, to which that person intends to return and remain indefinitely even though the person may be currently residing elsewhere. (2) For an Indian child, the domicile of the Indian child's parents or Indian custodian or guardian. In the case of an Indian child whose parents are not married to each other, the domicile of the Indian child's custodial parent. | (k) “Domicile” means either of the following: (1) For a parent, Indian custodian, or legal guardian, the place that a person has been physically present and that the person regards as home. This includes a person's true, fixed, principal, and permanent home, to which that person intends to return and remain indefinitely even though the person may be currently residing elsewhere. (2) For an Indian child, the domicile of the Indian child's parents, Indian custodian, or legal guardian. In the case of an Indian child whose parents are not married to each other, the domicile of the Indian child means the domicile of the Indian child's custodial parent. Cal. Welf. & Inst. Code § 224.1 (West) | 3. Domicile. “Domicile” means: A. For a parent or Indian custodian, the place at which a person has been physically present and that the person regards as home; a person's true, fixed, principal and permanent home, to which that person intends to return and remain indefinitely even though the person may be currently residing elsewhere; and B. For an Indian child, the domicile of the Indian child's parents or Indian custodian or guardian or, in the case of an Indian child whose parents are not married to each other, the domicile of the Indian child's custodial parent. Me. Rev. Stat. tit. 22, § 3943 | Sec. 21. For purposes of sections 2 to 38, inclusive, of this act: 1. A person's domicile is the place the person regards as home, where the person intends to remain or to which, if absent, the person intends to return. 2. An Indian child's domicile is, in order of priority, the domicile of: (a) The Indian child's parents or, if the Indian child's parents do not have the same domicile, the Indian child's parent who has physical custody of the Indian child; (b) The Indian child's Indian custodian; or (c) The Indian child's guardian. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | A. In a child custody proceeding involving an Indian child, the court shall determine and make an order of the domicile and residence of the Indian child and whether the Indian child is under the jurisdiction of a tribal court. B. The department shall communicate with the Indian child's tribe as necessary to assist the court in making a determination pursuant to this section. If it is unclear which tribe is the Indian child's tribe, the department shall communicate with any tribe with which there is reason to know that the Indian child may be a member or eligible for membership. N.M. Stat. Ann. § 32A-28-3 (West) | In any child custody proceeding based on allegations that an Indian child is within the jurisdiction of the court under ORS 109.266 to 109.410 or ORS chapter 419B, the court must determine the residence and domicile of the Indian child and whether the Indian child is a ward of tribal court. The court shall communicate with any tribal courts to the extent necessary to make a determination under this section. Or. Rev. Stat. Ann. § 419B.621 (West) SECTION 6. Domicile. For purposes of sections 1 to 23 of this 2020 special session Act: (1) A person’s domicile is the place the person regards as home, where the person intends to remain or to which, if absent, the person intends to return. (2) An Indian child’s domicile is, in order of priority, the domicile of: (a) The Indian child’s parents or, if the Indian child’s parents do not have the same domicile, the Indian child’s parent who has physical custody of the Indian child; (b) The Indian child’s Indian custodian; or (c) The Indian child’s guardian. | ||||||||||||||||||||||||||
14 | Emergency Proceeding | 23.2 Emergency proceeding means and includes any court action that involves an emergency removal or emergency placement of an Indian child. | (l) “Emergency proceeding” for purposes of juvenile dependency proceedings is the initial petition hearing held pursuant to Section 319. Cal. Welf. & Inst. Code § 224.1 (West) | 4. Emergency proceeding. “Emergency proceeding” means a court action that involves the emergency removal or emergency placement of an Indian child, including those pursuant to section 4034 or Title 18-C, Article 5. “Emergency proceeding” does not include a court action involving an emergency award of custody of the Indian child to one of the parents including, but not limited to, an emergency parental rights and responsibilities order or a protection from abuse proceeding. Me. Rev. Stat. tit. 22, § 3943 | Subd. 5a. Emergency proceeding. “Emergency proceeding” means and includes any court action that involves an emergency removal or emergency placement of an Indian child. Minn. Stat. Ann. § 260.755 (West) | ||||||||||||||||||||||||||||
15 | 1903(2) Extended Family Member | §1903(2) "extended family member" shall be defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, shall be a person who has reached the age of eighteen and who is the Indian child's grandparent, auth or uncle, brother or sister, brother-in-law or sister-in-law, neice or nephew, fist or second cousins, or stepparent | 23.2 Extended family member is defined by the law or custom of the Indian child's Tribe or, in the absence of such law or custom, is a person who has reached age 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent. | (4) “Extended family member” means a person defined by the law or custom of an Indian child's tribe as an extended family member, or, in the absence of such law or custom, shall be a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin or stepparent. Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West) | ICA 232B.3 (7) “Indian child's family” or “extended family member” means an adult person who is an Indian child's family member or extended family member under the law or custom of the Indian child's tribe or, in absence of such law or custom, an adult person who has any of the following relationships with the Indian child: a. Parent. b. Sibling. c. Grandparent. d. Aunt or uncle. e. Cousin. f. Clan member. g. Band member. h. Brother-in-law. i. Sister-in-law. j. Niece. k. Nephew. l. Stepparent. | 5. Extended family member. “Extended family member” means a person who is defined as a member of an Indian child's extended family by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached 18 years of age and who is the Indian child's grandparent, aunt or uncle, sibling, sibling-in-law, niece or nephew, first or second cousin or stepparent. Me. Rev. Stat. tit. 22, § 3943 | MCLA 712b.3(f) “Extended family members” means that term as defined by the law or custom of the Indian child's tribe or, in the absence of that law or custom, means a person who has reached the age of 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent and includes the term “relative” as that term is defined in section 13a(j) of chapter XIIA.3 | Subd. 5b. Extended family member. “Extended family member” is as defined by the law or custom of the Indian child's Tribe or, in the absence of any law or custom of the Tribe, is a person who has reached the age of 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent. Minn. Stat. Ann. § 260.755 (West) | (9)(a) “Indian child's family” or “extended family member” means an individual defined by the law or custom of the Indian child's tribe as a relative of the Indian child. (b) If the Indian child's tribe does not identify family members by law or custom, the term means an adult who is the Indian child's grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, cousin, stepparent, or stepgrandparent. A stepparent or stepgrandparent may be considered a family member even following termination of the marriage. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1503(5) Extended family member shall be as defined by the law or custom of the Indian child's primary tribe or, in the absence of such laws or customs of the primary tribe, the law or custom of the Indian child's other tribes or, in the absence of such law or custom, shall mean a person who has reached the age of eighteen and who is the Indian child's parent, grandparent, aunt or uncle, clan member, band member, sibling, brother-in-law or sister-in-law, niece or nephew, cousin, or stepparent; | Sec. 7. "Extended family member" has the meaning given that term by the law or custom of an Indian child's tribe or, if that meaning cannot be determined, means a person who has attained 18 years of age and who is the Indian child's grandparent, aunt, uncle, brother, sister, sister-in-law, brother-in-law, niece, nephew, first cousin, second cousin, stepparent or another person determined by the Indian child's tribe, clan or band member. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | F. “extended family member” means a person who is defined to be an extended family member by law or custom of an Indian child's tribe or, in the absence of such law or custom, means a person who is eighteen years of age or older and who is an Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, stepparent or godparent; N.M. Stat. Ann. § 32A-28-2 (West) | c. “Extended family member” means a relationship defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, means an individual who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent. N.D. Cent. Code Ann. § 27-19.1-01 (West) | (3)(a) “Extended family member” has the meaning given that term by the law or custom of an Indian child's tribe. (b) If the meaning of “extended family member” cannot be determined under paragraph (a) of this subsection, “extended family member” means a person who has attained 18 years of age and who is the Indian child's grandparent, aunt, uncle, brother, sister, sister-in-law, brother-in-law, niece, nephew, first cousin, second cousin, stepparent or, as determined by the Indian child's tribe, clan or band member. Or. Rev. Stat. Ann. § 419B.603 (West) | RCWA 13.38.0404(8) “Indian child's family” or “extended family member” means an individual, defined by the law or custom of the child's tribe, as a relative of the child. If the child's tribe does not identify such individuals by law or custom, the term means an adult who is the Indian child's grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first or second cousin, or stepparent, even following termination of the marriage | 48.028(2)(am) “Extended family member" means a person who is defined as a member of an Indian child's extended family by the law or custom of the Indian child's tribe or, in the absence of such a law or custom, a person who has a ained the age of 18 years and who is the Indian child's grandparent, aunt, uncle, brother, sister, brother‐in‐law, sister‐in‐law, niece, nephew, first cousin, 2nd cousin, or stepparent. | (ii) “Extended family member” means as defined by the law or custom of the Indian child's tribe. In the absence of tribal law or custom, “extended family member” means a person who has reached age eighteen (18) and who is the Indian child's grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first cousin, second cousin or stepparent; Wyo. Stat. Ann. § 14-6-702 (West) | ||||||||||||||||
16 | Fictive Kin | G. “fictive kin” means a person: (1) who is not a relative or an extended family member of an Indian child and who has a significant, family-like relationship with the child or the child's family, which relationship existed prior to the child's entry into foster care; (2) who meets the definition of “fictive kin” as established by an Indian child's tribe's law, custom or tradition; or (3) chosen by an Indian child who is fourteen years of age or older, regardless of when the relationship between the person and the Indian child was established, when it is in the best interest of the child to identify that person as fictive kin; and [sic] N.M. Stat. Ann. § 32A-28-2 (West) | |||||||||||||||||||||||||||||||
17 | Hearing | 23.2 Hearing means a judicial session held for the purpose of deciding issues of fact, of law, or both. | |||||||||||||||||||||||||||||||
18 | Imminent Physical Damage or Harm | Subd. 6a. Imminent physical damage or harm. “Imminent physical damage or harm” means that a child is threatened with immediate and present conditions that are life threatening or likely to result in abandonment, sexual abuse, or serious physical injury. Minn. Stat. Ann. § 260.755 (West) | |||||||||||||||||||||||||||||||
19 | 1903(3) Indian | §1903(3) "Indian" means any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in section 1606 of Title 43; | 23.2 Indian means any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in section 7 of the Alaska Native Claims Settlement Act, 43 U.S.C. 1606. | (5) “Indian” means any person who is (A) a member of a federally recognized Indian tribe, (B) an Alaska Native and a member of a Regional Corporation as defined in 43 USC 1606, or (C) a member of an Indian tribe recognized by the state of Connecticut. Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West) | ICA 232B.3(5) “Indian” means a person who is a member of an Indian tribe, or is eligible for membership in an Indian tribe, or who is an Alaska native and a member of a regional corporation as defined in 43 U.S.C. § 1606. | 7. Indian. “Indian” means a person who is a member or citizen of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in 43 United States Code, Section 1606. Only an Indian tribe may determine its membership or citizenship, including eligibility for membership or citizenship. Me. Rev. Stat. tit. 22, § 3943 | MCLA 712b.3(j) “Indian” means any member of any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in section 1602(c) of the Alaska native claims settlement act, 43 USC 1602. | MSA §260.755(7) “Indian” means a person who is a member of an Indian tribe or an Alaskan native and a member of a regional corporation as defined in section 7 of the Alaska Native Claims Settlement Act, United States Code, title 43, section 1606. | (7) “Indian” means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as established in 43 U.S.C. 1606. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1503(7) Indian shall mean any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a regional corporation defined in section 7 of the Alaska Native Claims Settlement Act, 43 U.S.C. 1606; | Sec. 8. "Indian" means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as defined in section 7 of the Alaska Native Claims Settlement Act, 43 U.S.C. § 1606. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | e. “Indian” means an individual who is a member of an Indian tribe, or who is a native and a member of a regional corporation as defined under 43 U.S.C. 1606. N.D. Cent. Code Ann. § 27-19.1-01 (West) | 10 Okl. St. Ann. §40.2(1) “Indian” means a person who is a member of an Indian tribe; | (4) “Indian” means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as defined in section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606). Or. Rev. Stat. Ann. § 419B.603 (West) | RCWA 13.38.040(6) “Indian” means a person who is a member of an Indian tribe, or who is an Alaska native and a member of a regional corporation as defined in 43 U.S.C. Sec. 1606. | (iii) “Indian” means a person who is a member of an Indian tribe, or who is an Alaska native and a member of a regional corporation as defined in section 7 of the federal Alaska Native Claims Settlement Act; Wyo. Stat. Ann. § 14-6-702 (West) | |||||||||||||||||
20 | 1903(4) Indian Child | §1903(4) "Indian child" means any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe; | 23.2 Indian child means any unmarried person who is under age 18 and either: (1) Is a member or citizen of an Indian Tribe; or (2) Is eligible for membership or citizenship in an Indian Tribe and is the biological child of a member/citizen of an Indian Tribe. | (b) As used in connection with an Indian child custody proceeding, the term “Indian child” also means an unmarried person who is 18 years of age or over, but under 21 years of age, who is a member of an Indian tribe or eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe, and who is under the jurisdiction of the dependency court, unless that person or their attorney elects not to be considered an Indian child for purposes of the Indian child custody proceeding. All Indian child custody proceedings involving persons 18 years of age and older shall be conducted in a manner that respects the person's status as a legal adult. Cal. Welf. & Inst. Code § 224.1 (West) | (6) “Indian child” means any unmarried person who is under the age of eighteen and (A) is either a member of a federally recognized Indian tribe or an Indian tribe recognized by the state of Connecticut, or (B) is eligible for membership in such tribe and is the biological child of a member of such tribe. | ICA 232B.3(6) “Indian child” or “child” means an unmarried Indian person who is under eighteen years of age or a child who is under eighteen years of age that an Indian tribe identifies as a child of the tribe's community. *Definition unconstitutional In re A.W., 741 N.W.2d 793 (Iowa, 2007) | Art. 116 (6.1) "Indian Child" means any unmarried child under eighteen years of age who is a member of an Indian tribe or who is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. | 8. Indian child. “Indian child” means an unmarried person who is under 18 years of age and is a member or citizen of an Indian tribe or is eligible for membership in or citizenship of an Indian tribe and is the biological child of a member or citizen of an Indian tribe. Me. Rev. Stat. tit. 22, § 3943 | MCLA 712B.3(k) “Indian child” means an unmarried person who is under the age of 18 and is either of the following: (i) A member of an Indian tribe. (ii) Eligible for membership in an Indian tribe as determined by that Indian tribe. | MSA §260.755(8) “Indian child” means an unmarried person who is under age 18 and is: (1) a member of an Indian tribe; or (2) eligible for membership in an Indian tribe. A determination by a tribe that a child is a member of the Indian tribe or is eligible for membership in the Indian tribe is conclusive. For purposes of this chapter and chapters 256N, 260C, and 260D, Indian child also includes an unmarried person who satisfies either clause (1) or (2), is under age 21, and is in foster care pursuant to section 260C.451. | (8) “Indian child” means an unmarried Indian person who is under 18 years of age and who is: (a) a member of an Indian tribe; or (b) eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1503(8) Indian child shall mean any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe; | Sec. 9. "Indian child" means any unmarried person who has not attained 18 years of age and is: 1. A member or citizen of an Indian tribe; or 2. Eligible for membership or citizenship in an Indian tribe and is the biological child of a member of an Indian tribe. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | f. “Indian child” means any unmarried individual who is under the age of eighteen and is either a member of an Indian tribe or is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. N.D. Cent. Code Ann. § 27-19.1-01 (West) | 2. “Indian child” means any unmarried or unemancipated person who is under the age of eighteen (18) and is either: a. a member of an Indian tribe, or b. is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe; Okla. Stat. Ann. tit. 10, § 40.2 (West) | (5) “Indian child” means any unmarried person who has not attained 18 years of age and: (a) Is a member or citizen of an Indian tribe; or (b) Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member of an Indian tribe. Or. Rev. Stat. Ann. § 419B.603 (West) | RWCA 13.38.040(7) “Indian child” means an unmarried and unemancipated Indian person who is under eighteen years of age and is either: (a) A member of an Indian tribe; or (b) eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. | (iv) “Indian child” means any unmarried person under age eighteen (18) and is either: (A) A member of an Indian tribe; or (B) Is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. Wyo. Stat. Ann. § 14-6-702 (West) | |||||||||||||||
21 | 1903(5) Indian Child's Tribe | §1903(5) "Indian child's tribe" means (a) the Indian tribe in which an Indian child is a member or eligible for membership or (b), in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts. | 23.2 Indian child's Tribe means: (1) The Indian Tribe in which an Indian child is a member or eligible for membership; or (2) In the case of an Indian child who is a member of or eligible for membership in more than one Tribe, the Indian Tribe described in § 23.109. 23.109 (a) If the Indian child is a member or eligible for membership in only one Tribe, that Tribe must be designated as the Indian child's Tribe. (b) If the Indian child meets the definition of “Indian child” through more than one Tribe, deference should be given to the Tribe in which the Indian child is already a member, unless otherwise agreed to by the Tribes. (c) If an Indian child meets the definition of “Indian child” through more than one Tribe because the child is a member in more than one Tribe or the child is not a member of but is eligible for membership in more than one Tribe, the court must provide the opportunity in any involuntary child-custody proceeding for the Tribes to determine which should be designated as the Indian child's Tribe. (1) If the Tribes are able to reach an agreement, the agreed-upon Tribe should be designated as the Indian child's Tribe. (2) If the Tribes are unable to reach an agreement, the State court designates, for the purposes of ICWA, the Indian Tribe with which the Indian child has the more significant contacts as the Indian child's Tribe, taking into consideration: (i) Preference of the parents for membership of the child; (ii) Length of past domicile or residence on or near the reservation of each Tribe; (iii) Tribal membership of the child's custodial parent or Indian custodian; and (iv) Interest asserted by each Tribe in the child-custody proceeding; (v) Whether there has been a previous adjudication with respect to the child by a court of one of the Tribes; and (vi) Self-identification by the child, if the child is of sufficient age and capacity to meaningfully self-identify. (3) A determination of the Indian child's Tribe for purposes of ICWA and the regulations in this subpart do not constitute a determination for any other purpose. | (d) If an Indian child is a member of more than one tribe or is eligible for membership in more than one tribe, the court shall make a determination, in writing together with the reasons for it, as to which tribe is the Indian child's tribe for purposes of the Indian child custody proceeding. The court shall make that determination as follows: (1) If the Indian child is or becomes a member of only one tribe, that tribe shall be designated as the Indian child's tribe, even though the child is eligible for membership in another tribe. (2) If an Indian child is or becomes a member of more than one tribe, or is not a member of any tribe but is eligible for membership in more than one tribe, the tribe with which the child has the more significant contacts shall be designated as the Indian child's tribe. In determining which tribe the child has the more significant contacts with, the court shall consider, among other things, the following factors: (A) The length of residence on or near the reservation of each tribe and frequency of contact with each tribe. (B) The child's participation in activities of each tribe. (C) The child's fluency in the language of each tribe. (D) Whether there has been a previous adjudication with respect to the child by a court of one of the tribes. (E) Residence on or near one of the tribes' reservations by the child's parents, Indian custodian or extended family members. (F) Tribal membership of custodial parent or Indian custodian. (G) Interest asserted by each tribe in response to the notice specified in Section 180. (H) The child's self identification. (3) If an Indian child becomes a member of a tribe other than the one designated by the court as the Indian child's tribe under paragraph (2), actions taken based on the court's determination prior to the child's becoming a tribal member shall continue to be valid. Cal. Fam. Code § 170 (West) (e)(1) “Indian child's tribe” means the Indian tribe in which an Indian child is a member or citizen or eligible for membership or citizenship, or in the case of an Indian child who is a member or citizen of, or eligible for membership or citizenship in, more than one tribe, the Indian tribe with which the Indian child has the more significant contacts. (2) In the case of an Indian child who meets the definition of “Indian child” through more than one tribe, deference should be given to the tribe of which the Indian child is already a member or citizen, unless otherwise agreed to by the tribes. (3) If an Indian child meets the definition of “Indian child” through more than one tribe because the child is a member or citizen of more than one tribe or the child is not a member or citizen but is eligible for membership or citizenship in more than one tribe, the court shall provide the tribes the opportunity to determine which tribe shall be designated as the Indian child's tribe. (4) If the tribes are able to reach an agreement, the agreed-upon tribe shall be designated as the Indian child's tribe. (5) If the tribes are unable to reach an agreement, the court shall designate as the Indian child's tribe, the tribe with which the Indian child has the more significant contacts, taking into consideration all of the following: (A) Preference of the parents for membership of the child. (B) Length of past domicile or residence on or near the reservation of each tribe. (C) Tribal membership of the child's custodial parent or Indian custodian. (D) Interest asserted by each tribe in the child custody proceeding. (E) Whether there has been a previous adjudication with respect to the child by a court of one of the tribes. (F) Self-identification by the child, if the child is of sufficient age and capacity to meaningfully self-identify. (6) If an Indian child becomes a member of a tribe other than the one designated by the court as the Indian child's tribe under paragraph (5), actions taken based on the court's determination prior to the child's becoming a tribal member continue to be valid. (7) A determination of the Indian child's tribe for purposes of the federal Indian Child Welfare Act does not constitute a determination for any other purpose. Cal. Welf. & Inst. Code § 224.1 (West) | (7) “Indian child's tribe” means (A) the federally recognized Indian tribe or Indian tribe recognized by the state of Connecticut of which an Indian child is a member or is eligible for membership in, or (B) in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has more significant contacts. | ICA 232B.3(8) “Indian child's tribe” means a tribe in which an Indian child is a member or eligible for membership. | 10. Indian child's tribe. “Indian child's tribe” means the Indian tribe in which an Indian child is a member or citizen, or eligible for membership or citizenship. In cases in which a child meets the definition of “Indian child” through more than one Indian tribe, the Indian tribes must be given an opportunity to agree on which tribe is the Indian tribe for purposes of this Act. If the Indian tribes are not able to come to an agreement, the court shall designate the Indian child's tribe for purposes of this Act based on which Indian tribe has more significant contacts with the Indian child. Me. Rev. Stat. tit. 22, § 3943 | MCLA 712B.3(l) “Indian child's tribe” means the Indian tribe in which an Indian child is a member or eligible for membership. In the case of an Indian child who is a member of or eligible for membership in more than 1 tribe, the Indian child's tribe is the tribe with which the Indian child has the most significant contacts. | MSA §260.755(9) “Indian child's tribe” means the Indian tribe in which an Indian child is a member or eligible for membership. In the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian child's tribe is the tribe with which the Indian child has the most significant contacts. If that tribe does not express an interest in the outcome of the actions taken under sections 260.751 to 260.835 with respect to the child, any other tribe in which the child is eligible for membership that expresses an interest in the outcome may act as the Indian child's tribe. | (10) “Indian child's tribe” means a tribe or tribes in which an Indian child is a member or is determined eligible for membership as provided in [section 6 5]. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) Section 5. Determination of Indian tribe. (1) If the Indian child is a member of or eligible for membership in only one tribe, that tribe must be designated as the Indian child's tribe. (2) If the Indian child meets the definition of Indian child through more than one tribe, deference must be given to the tribe in which the Indian child is already a member, unless otherwise agreed to by the tribes. (3)(a) If the Indian child meets the definition of Indian child through more than one tribe because the child is a member in more than one tribe or the child is not a member of but is eligible for membership in more than one tribe, the court shall provide the opportunity in any involuntary child custody proceeding for the tribes to determine which tribe should be designated as the Indian child's tribe. (b) If the tribes are able to reach an agreement, the court shall designate the agreed-on tribe as the Indian child's tribe. (c) If the tribes are unable to reach an agreement, for the purposes of [sections 1 through 18] the court shall designate as the child's tribe the tribe with which the child has the more significant contacts as the Indian child's tribe. In making the designation, the court shall consider: (i) the preference of the parents for membership of the child; (ii) the length of the child's past residence or domicile on or near the reservation of each tribe; (iii) the tribal membership of the child's custodial parent or Indian custodian; (iv) the interest asserted by each tribe in the child custody proceeding; (v) whether there has been a previous adjudication with respect to the child by a court of one of the tribes; and (vi) self-identification by the child, if the child is of sufficient age and capacity to meaningfully self-identify with a tribe. (4) A determination of the Indian child's tribe for the purposes of [sections 1 through 18] does not constitute a determination for any other purpose. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1503 (9) & (10) (9) Indian child's primary tribe shall mean, in the case of an Indian child that is a member or eligible for membership in multiple tribes, the tribe determined by the procedure enumerated in subsection (4) of section 43-1504; (10) Indian child's tribe or tribes shall mean the Indian tribe or tribes in which an Indian child is a member or eligible for membership; (4) If the Indian child is eligible for membership or enrolled in multiple Indian tribes and more than one Indian tribe intervenes in a state court proceeding for the foster care placement of, or termination of parental rights to, an Indian child, the Indian child's primary tribe shall be determined in the following manner: (a) The applicable Indian tribes shall enter into a unanimous agreement designating which Indian tribe is the Indian child's primary tribe for the underlying state court proceeding within thirty days after intervention by one or more additional Indian tribes, after consultation, if practicable, with the parents of the Indian child and with the Indian child if he or she is twelve years of age or older; or (b) If unanimous agreement is not possible within the thirty-day period, the state court in which the proceeding is pending shall determine the Indian child's primary tribe based upon the amount and significance of the contacts between each Indian tribe and the Indian child. Neb. Rev. Stat. Ann. § 43-1504 (West) | Sec. 23. 1. In a child custody proceeding in which an Indian child is alleged to be within the jurisdiction of the court, the Indian child's tribe is: (a) If the Indian child is a member of or is eligible for membership in only one tribe, the tribe of which the Indian child is a member or eligible for membership. (b) If the Indian child is a member of one tribe but is eligible for membership in one or more other tribes, the tribe of which the Indian child is a member. (c) If the Indian child is a member of more than one tribe or if the Indian child is not a member of any tribe but is eligible for membership with more than one tribe: (1) The tribe designated by agreement between the tribes of which the Indian child is a member or in which the Indian child is eligible for membership; or (2) If the tribes are unable to agree on the designation of the Indian child's tribe, the tribe designated by the court. 2. When designating an Indian child's tribe under subparagraph (2) of paragraph (c) of subsection 1, the court shall, after a hearing, designate the tribe with which the Indian child has the more significant contacts, taking into consideration the following: (a) The preference of the Indian child's parent; (b) The duration of the Indian child's current or prior domicile or residence on or near the reservation of each tribe; (c) The tribal membership of the Indian child's custodial parent or Indian custodian; (d) The interests asserted by each tribe; (e) Whether a tribe has previously adjudicated a case involving the Indian child; and (f) If the court determines that the Indian child is of sufficient age and capacity to meaningfully self-identify, the self-identification of the Indian child. 3. If an Indian child is a member of or is eligible for membership in more than one tribe, the court may, in its discretion, permit a tribe, in addition to the Indian child's tribe, to participate in a child custody proceeding involving the Indian child in an advisory capacity or as a party. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | h. “Indian child's tribe” means the Indian tribe in which an Indian child is a member or eligible for membership or, in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts. N.D. Cent. Code Ann. § 27-19.1-01 (West) | SECTION 8. Determination of Indian child’s tribe. (1) In a proceeding under ORS chapter 419B when there is reason to know that the child is an Indian child, the Indian child’s tribe is: (a) If the Indian child is a member of or is eligible for membership in only one tribe, the tribe of which the Indian child is a member or eligible for membership. (b) If the Indian child is a member of one tribe but is eligible for membership in one or more other tribes, the tribe of which the Indian child is a member. (c) If the Indian child is a member of more than one tribe or if the Indian child is not a member of any tribe but is eligible for member- ship with more than one tribe: (A) The tribe designated by agreement be- tween the tribes of which the Indian child is a member or in which the Indian child is eligible for membership; or (B) If the tribes are unable to agree on the designation of the Indian child’s tribe, the tribe designated by the court. (2) When designating an Indian child’s tribe under subsection (1)(c)(B) of this section, the court shall, after hearing, designate the tribe with which the Indian child has the more sig- nificant contacts, taking into consideration the following: (a) The preference of the Indian child’s parent; (b) The duration of the Indian child’s current or prior domicile or residence on or near the reservation of each tribe; (c) The tribal membership of the Indian child’s custodial parent or Indian custodian; (d) The interests asserted by each tribe; (e) Whether a tribe has previously adjudicated a case involving the Indian child; and (f) If the court determines that the Indian child is of sufficient age and capacity to mean- ingfully self-identify, the self-identification of the Indian child. (3) If an Indian child is a member of or is eligible for membership in more than one tribe, the court may, in its discretion, permit a tribe, in addition to the Indian child’s tribe determined under subsection (1) of this section, to participate in a proceeding under ORS chapter 419B involving the Indian child in an advisory capacity or as a party. | RWCA 13.38.040(9) “Indian child's tribe” means a tribe in which an Indian child is a member or eligible for membership. | (v) “Indian child's tribe” means the Indian tribe in which an Indian child is a member or eligible for membership or, in the case of an Indian child who is a member of or eligible for membership in more than one (1) tribe, the Indian tribe with which the Indian child has the more significant contacts; Wyo. Stat. Ann. § 14-6-702 (West) | |||||||||||||||||
22 | 1903(6) Indian Custodian | §1903(6) "Indian custodian" means any Indian person who has legal custody of an Indian child under tribal law or custom under State law or to whom temprary physical care, custody, and control has been transferred by the parent of such child; | 23.2 Indian custodian means any Indian who has legal custody of an Indian child under applicable Tribal law or custom or under applicable State law, or to whom temporary physical care, custody, and control has been transferred by the parent of such child. An Indian may demonstrate that he or she is an Indian custodian by looking to Tribal law or Tribal custom or State law. | (9) “Indian custodian” means any Indian person (A) who has legal custody of an Indian child under tribal law or custom or under state law, or (B) to whom temporary physical care, custody and control has been transferred by the parent of such child. Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West) | ICA 232B.3(9) “Indian custodian” means an Indian person who under tribal law, tribal custom, or state law, has legal or temporary physical custody of an Indian child. | 11. Indian custodian. “Indian custodian” means an Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of the Indian child. Me. Rev. Stat. tit. 22, § 3943 | MCLA 712B.3(o) “Indian custodian” means any Indian person who has custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control have been transferred by the Indian child's parent. | MSA §260.755(10) “Indian custodian” means an Indian person who has legal custody of an Indian child under tribal law or custom or under state law, or to whom temporary physical care, custody, and control has been transferred by the parent of the child. | 11) “Indian custodian” means an Indian person who under tribal law, tribal custom, or state law has legal or temporary physical custody of an Indian child or to whom the parent has transferred temporary care, physical custody, and control of the Indian child. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | NEB. Rev. St. § 43-1503 (11) Indian custodian shall mean any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control has been transferred by the parent of such child; | i. “Indian custodian” means any Indian individual who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control has been transferred by the parent of the Indian child. N.D. Cent. Code Ann. § 27-19.1-01 (West) | 10 Okl. St. Ann. §40.2(3) “Indian custodian” means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of such child; | SECTION 2. Definitions. (5) “Indian custodian” means an Indian, other than the Indian child’s parent, who has custody, as described in section 3 (1) of this 2020 special session Act, of the Indian child, or to whom temporary physical care, custody and control has been transferred by the Indian child’s parent. | RWCA 13.38.040(10) “Indian custodian” means an Indian person who under tribal law, tribal custom, or state law has legal or temporary physical custody of an Indian child, or to whom the parent has transferred temporary care, physical custody, and control of an Indian child. | 48.028(2)(b) “Former Indian custodian" means a person who was the Indian custodian of an Indian child before termination of parental rights to and adop on of the Indian child. | (vi) “Indian custodian” means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of an Indian child; Wyo. Stat. Ann. § 14-6-702 (West) | |||||||||||||||||
23 | 1903(7) Indian Organization | §1903(7) "Indian organization" means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians | 23.2, 23.102 Indian organization, solely for purposes of eligibility for grants under subpart D of this part, means any legally established group, association, partnership, corporation, or other legal entity which is owned or controlled by Indians, or a majority (51 percent or more) of whose members are Indians. | (10) “Indian organization” means any group, association, partnership, corporation or other legal entity owned or controlled by Indians, as defined in this section, or a majority of whose members are Indians. Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West)(13) “Federally recognized Indian tribe” means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary because of their status as Indians, including any Alaska Native village as defined in 43 USC 1602(c). Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West) | ICA 232B.3(10) “Indian organization” means any of the following entities that is owned or controlled by Indians, or a majority of the members are Indians: a. A group. b. An association. c. A partnership. d. A corporation. e. Other legal entity. | 12. Indian organization. “Indian organization” means a group, association, partnership, corporation or other legal entity owned or controlled by Indians, or a majority of whose members are Indians. Me. Rev. Stat. tit. 22, § 3943 | MCLA 712B.3(p) “Indian organization” means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians. | MSA §260.755(11) “Indian organization” means an organization providing child welfare services that is legally incorporated as a nonprofit organization, is registered with the secretary of state, and is governed by a board of directors having at least a majority of Indian directors. | Neb. Rev. St. § 43-1503(12) Indian organization shall mean any group, association, partnership, limited liability company, corporation, or other legal entity owned or controlled by Indians or a majority of whose members are Indians; | (vii) “Indian organization” means any group, association, partnership, corporation or other legal entity owned or controlled by Indians or a majority of whose members are Indians; Wyo. Stat. Ann. § 14-6-702 (West) | |||||||||||||||||||||||
24 | 1903(8) Indian Tribe | §1903(8) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary because of their status as Indians, including any Alaska native village as defined in section 1602(c) of Title 43; | 23.2 Indian tribe means any Indian tribe, band, nation, or other organized group or community of Indians federally recognized as eligible for the services provided to Indians by the Secretary because of their status as Indians, including any Alaska Native village as defined in section 3 (c) of the Alaska Native Claims Settlement Act, 43 U.S.C. 1602 (c). | (8) “Indian tribe recognized by the state of Connecticut” means the (A) Golden Hill Paugussett Tribe, (B) Paucatuck Eastern Pequot Tribe, and (C) Schaghticoke Tribe. | ICA 232B.3(11) “Indian tribe” means an Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Native group under the Alaska Native Claims Settlement Act, United States Code, title 43, section 1602. | Art. 116 (6.2) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior in accordance with their status as Indians. | 13. Indian tribe. “Indian tribe” means an Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including an Alaska Native village as defined in 43 United States Code, Section 1602(c). Me. Rev. Stat. tit. 22, § 3943 | 712B.3 (o) "Indian tribe" or "tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in section 1602(c) of the Alaska native claims settlement act, 43 USC 1602. | MSA §260.755(12) “Indian tribe” means an Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Native group under the Alaska Native Claims Settlement Act, United States Code, title 43, section 1602. | (12)(a) “Indian tribe” or “tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the interior because of their status as Indians. (b) The term includes an Alaska Native village as defined in 43 U.S.C. 1602. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1503(13) Indian tribe shall mean any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska Native village as defined in section 3(c) of the Alaska Native Claims Settlement Act, as amended, 43 U.S.C. 1602(c); | Sec. 11. "Indian tribe" or "tribe" means any Indian tribe, band, nation or other organized group or community of Indians federally recognized as eligible for the services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 U.S.C. § 1602(c). 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | A. The department shall keep a record of: (1) an Indian tribe of which the Indian child is a member or eligible for membership, as determined by the Indian child's tribe; (2) whether the Indian child is a member of one Indian tribe but is eligible for membership in one or more other Indian tribes; (3) the Indian tribe designated by agreement between one or more Indian tribes if the Indian child is not a member of each of those Indian tribes but is eligible for membership in each of those Indian tribes; or (4) the Indian tribe recorded by the court pursuant to Subsection D of this section if the Indian child is eligible for membership in each of those Indian tribes and the Indian tribes cannot agree on the designation of the Indian child's tribe. B. If the department files a petition, the department shall inform the court on the record of the Indian tribe or tribes of which the Indian child is a member or eligible for membership. C. If there is no dispute, the court shall make a record of the Indian child's tribe. D. If there is a dispute as to which Indian tribe is the Indian child's tribe, the court shall, after a hearing, record the Indian tribe with which the Indian child has more significant contacts, taking into consideration: (1) the preference of each of the Indian child's parents; (2) the duration of the Indian child's current or prior domicile or residence on or near the reservation of each Indian tribe; (3) the tribal membership of the Indian child's custodial parent or Indian custodian; (4) the interests asserted by each Indian tribe; (5) whether the Indian tribe has previously adjudicated a case involving an Indian child; (6) the Indian tribe's custom and tradition; and (7) if the court determines that the Indian child is of sufficient age and capacity to meaningfully self-identify the Indian child's tribe, the self-identification of the Indian child. E. If an Indian child is a member of or is eligible for membership in more than one Indian tribe, the court shall permit an Indian tribe, in addition to the Indian child's tribe as determined pursuant to Subsection D of this section, to participate in the child custody proceeding as an intervenor. F. In a child custody proceeding involving an Indian child, the Indian child's tribe may be present and may participate at a closed hearing regardless of whether the Indian child's tribe has intervened. N.M. Stat. Ann. § 32A-28-16 (West) | j. “Indian tribe” means an Indian tribe, band, nation, or other organized Indian group or community of Indians recognized as eligible for services provided to Indians by the United States secretary of the interior because of their status as Indians, including any Alaska native village as defined in 43 U.S.C. 1602(c). N.D. Cent. Code Ann. § 27-19.1-01 (West) | 10 Okl. St. Ann. §40.2(4) “Indian tribe” means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians. | SECTION 2. Definitions. (6) “Indian tribe” or “tribe” means any Indian tribe, band, nation or other organized group or community of Indians federally recognized as eligible for the services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 U.S.C. 1602(c). | RCWA 13.38.040(11) “Indian tribe” or “tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the interior because of their status as Indians, including any Alaska native village as defined in 43 U.S.C. Sec. 1602(c). | (viii) “Indian tribe” means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the United States secretary of the interior because of their status as Indians, including any Alaska native village as defined in section 3(c) of the federal Alaska Native Claims Settlement Act; Wyo. Stat. Ann. § 14-6-702 (West) | |||||||||||||||
25 | Involuntary Proceeding | 23.2 Involuntary proceeding means a child-custody proceeding in which the parent does not consent of his or her free will to the foster-care, preadoptive, or adoptive placement or termination of parental rights or in which the parent consents to the foster-care, preadoptive, or adoptive placement under threat of removal of the child by a State court or agency. | (n) “Involuntary proceeding” means an Indian child custody proceeding in which the parent does not consent of their free will to the foster care, preadoptive, or adoptive placement, or termination of parental rights. “Involuntary proceeding” also means an Indian child custody proceeding in which the parent consents to the foster care, preadoptive, or adoptive placement, under threat of removal of the child by a state court or agency. Cal. Welf. & Inst. Code § 224.1 (West) | 14. Involuntary Indian child custody proceeding. “Involuntary Indian child custody proceeding” means an Indian child custody proceeding or emergency proceeding in which: A. The parent or Indian custodian does not consent of that parent's or Indian custodian's free will to the foster care placement, preadoptive placement, adoptive placement or termination of parental rights of or to an Indian child; or B. The parent or Indian custodian consents to the foster care placement, preadoptive placement or adoptive placement under threat of removal of the Indian child by a state court or agency. Me. Rev. Stat. tit. 22, § 3943 | |||||||||||||||||||||||||||||
26 | Member | Sec. 13. "Member" or "membership" means a determination by an Indian tribe that a person is a member or citizen in that Indian tribe. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | (9) “Member” or “membership” means a determination by an Indian tribe that a person is a member or citizen in that Indian tribe. Or. Rev. Stat. Ann. § 419B.603 (West) | (12) “Member” and “membership” means a determination by an Indian tribe that a person is a member or eligible for membership in that Indian tribe. | |||||||||||||||||||||||||||||
27 | 1903(9) Parent | §1903(9) "parent" means any biological parent or parents of any Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include the unwed father where paternity has not been acknowledged or established | 23.2 Parent or parents means any biological parent or parents of an Indian child, or any Indian who has lawfully adopted an Indian child, including adoptions under Tribal law or custom. It does not include an unwed biological father where paternity has not been acknowledged or established. | (14) “Parent” means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. “Parent” does not include the unwed father where paternity has not been acknowledged or established. Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West) | ICA 232B.3(12) “Parent” means a biological parent of an Indian child or a person who has lawfully adopted an Indian child, including adoptions made under tribal law or custom. “Parent” does not include an unwed father whose paternity has not been acknowledged or established. Except for purposes of the federal Indian Child Welfare Act as codified in 25 U.S.C. § 1913(b), (c), and (d), 1916, 1917, and 1951, “parent” does not include a person whose parental rights to that child have been terminated. | 15. Parent. “Parent” means a biological parent or parents of an Indian child or an Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. “Parent” does not include an unwed father when paternity has not been acknowledged or established. Me. Rev. Stat. tit. 22, § 3943 | MCLA 712B.3(s) “Parent” means any biological parent or parents of an Indian child or any person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. Parent does not include the putative father if paternity has not been acknowledged or established. | MSA §260.755(14) “Parent” means the biological parent of an Indian child, or any Indian person who has lawfully adopted an Indian child, including a person who has adopted a child by tribal law or custom. Parent includes a father as defined by tribal law or custom. Parent does not include an unmarried father whose paternity has not been acknowledged or established. Paternity has been acknowledged when an unmarried father takes any action to hold himself out as the biological father of an Indian child. | (14)(a) “Parent” means a biological parent of an Indian child or an individual who has lawfully adopted an Indian child, including adoptions made as tribal customary adoptions. (b) The term does not include an unwed father whose paternity has not been acknowledged or established under Title 40, chapter 6, part 1, or the applicable laws of another state. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1503(14) Parent means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include the unwed father when paternity has not been acknowledged or established; | Sec. 14. "Parent" means: 1. A biological parent of an Indian child; 2. An Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom; or 3. A person who has established a parent and child relationship with an Indian child pursuant to the laws of this State. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | k. “Parent” means a biological parent or parents of an Indian child or an Indian individual who has lawfully adopted an Indian child, including adoptions under tribal law or custom. The term does not include the unwed father if paternity has not been acknowledged or established. N.D. Cent. Code Ann. § 27-19.1-01 (West) | (10) “Parent” means: (a) A biological parent of an Indian child; (b) An Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom; or (c) A father whose parentage has been acknowledged or established under ORS 109.065 or 419B.609. (11) “Party” or “parties” means parties to a proceeding, as described in ORS 419B.875. Or. Rev. Stat. Ann. § 419B.603 (West) | RCWA 13.38.040(13) “Parent” means a biological parent or parents of an Indian child or a person who has lawfully adopted an Indian child, including adoptions made under tribal law or custom. “Parent” does not include an unwed father whose paternity has not been acknowledged or established under chapter 26.26 RCW or the applicable laws of other states. | 48.028(2)(c) “Former parent" means a person who was the parent of an Indian child before termination of parental rights to and adop on of the Indian child. | (ix) “Parent” means a biological parent or the parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. “Parent” shall not include a father whose paternity has not been acknowledged or established under law; Wyo. Stat. Ann. § 14-6-702 (West) | |||||||||||||||||
28 | Permanency Planning | Subd. 15. Permanency planning. “Permanency planning” means the systematic process of carrying out, within a short time, a set of goal-oriented activities designed to help children live in families that offer continuity of relationships with nurturing parents or caretakers, and the opportunity to establish lifetime relationships. Minn. Stat. Ann. § 260.755 (West) | |||||||||||||||||||||||||||||||
29 | Qualified Expert Witness (Defintion Section) | Subd. 17a. Qualified expert witness. “Qualified expert witness” means an individual who (1) has specific knowledge of the Indian child's tribe's culture and customs, or meets the criteria in section 260.771, subdivision 6, paragraph (d), and (2) provides testimony as required by the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912, regarding out-of-home placement or termination of parental rights relating to an Indian child. Minn. Stat. Ann. § 260.755 (West) | (a) a member of the Indian child's tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to a family organization and child-rearing practices; (b) a lay expert witness who has substantial experience in the delivery of child and family services to Indians and extensive knowledge of prevailing social and cultural standards and child-rearing practices within the Indian child's tribe; or (c) a professional person who has substantial education and experience in providing services to children and families and who possesses significant knowledge of and experience with Indian culture, family structure, and child-rearing practices in general. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | (15) Qualified expert witness shall mean one of the following persons, in descending priority order although a court may assess the credibility of individual witnesses: (a) A member of the Indian child's tribe or tribes who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family and childrearing practices; (b) A member of another tribe who is recognized to be a qualified expert witness by the Indian child's tribe or tribes based on his or her knowledge of the delivery of child and family services to Indians and the Indian child's tribe or tribes; (c) A lay expert witness that possesses substantial experience in the delivery of child and family services to Indians and extensive knowledge of prevailing social and cultural standards and childrearing practices within the Indian child's tribe or tribes; (d) A professional person having substantial education and experience in the area of his or her specialty who can demonstrate knowledge of the prevailing social and cultural standards and childrearing practices within the Indian child's tribe or tribes; or (e) Any other professional person having substantial education in the area of his or her specialty; Neb. Rev. Stat. Ann. § 43-1503 (West) | (g) “Qualified expert witness” means a person who is any of the following: 1. A member of the Indian child's tribe recognized by the Indian child's tribal community as knowledgeable regarding the tribe's customs relating to family organization or child-rearing practices. 2. A member of another tribe who is knowledgeable regarding the customs of the Indian child's tribe relating to family organization or child-rearing practices. 3. A professional person having substantial education and experience in the person's professional specialty and having substantial knowledge of the customs, traditions, and values of the Indian child's tribe relating to family organization and child-rearing practices. 4. A layperson having substantial experience in the delivery of child and family services to Indians and substantial knowledge of the prevailing social and cultural standards and child-rearing practices of the Indian child's tribe. Wis. Stat. Ann. § 48.028 (West) | ||||||||||||||||||||||||||||
30 | 1903(10) Reservation | §1903(10) "reservation" means Indian country as defined in section 1151 of Title 18 and any lands, not covered unser such section, title to which is either held by the United Statess in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation; | 23.2 Reservation means Indian country as defined in 18 U.S.C 1151 and any lands, not covered under that section, title to which is held by the United States in trust for the benefit of any Indian Tribe or individual or held by any Indian Tribe or individual subject to a restriction by the United States against alienation. | (15) “Reservation” means Indian country as defined in 18 USC 1151 and any lands, not covered under such law, title to which is either held by the United States or a state in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation. Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West) | ICA 232B.3(14) “Reservation” means Indian country as defined in 18 U.S.C. § 1151 or land that is not covered under that definition but the title to which is either held by the United States in trust for the benefit of an Indian tribe or Indian person or held by an Indian tribe or Indian person subject to a restriction by the United States against alienation. | 18. Reservation. “Reservation” means Indian country, as defined in 18 United States Code, Section 1151, or any land not covered under that section to which title is either held by the United States in trust for the benefit of an Indian tribe or Indian or held by an Indian tribe or Indian, subject to a restriction by the United States against alienation. Me. Rev. Stat. tit. 22, § 3943 19. Termination of parental rights. “Termination of parental rights” means an action resulting in the termination of the parent-child relationship. Me. Rev. Stat. tit. 22, § 3943 | MCLA 712B.3(t) “Reservation” means Indian country as defined in 18 USC 1151 and any lands, not covered under that section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation. | MSA §260.755(18) “Reservation” means Indian country as defined in United States Code, title 18, section 1151, and any lands which are either held by the United States in trust for the benefit of an Indian tribe or individual, or held by an Indian tribe or individual subject to a restriction by the United States against alienation. | Neb. Rev. St. § 43-1503(16) Reservation shall mean Indian country as defined in 18 U.S.C. 1151 and any lands, not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation or a federally designated or established service area which means a geographic area designated by the United States where federal services and benefits furnished to Indians and Indian tribes are provided or which is otherwise designated to constitute an area on or near a reservation; | Sec. 16. "Reservation" means Indian country as defined in 18 U.S.C. § 1151 and any lands not covered under that section, the title to which is held by the United States in trust for the benefit of an Indian tribe or person or held by an Indian tribe or person subject to a restriction by the United States against alie 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | 12) “Reservation” means Indian country as defined in 18 U.S.C. 1151 and any lands not covered under that section, title to which is held by the United States in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to a restriction by the United States against alienation. Or. Rev. Stat. Ann. § 419B.603 (West) | 48.028(2)(h) “Reservation" means Indian country, as defined in 18 USC 1151, or any land not covered under that section to which title is either held by the United States in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual, subject to a restriction by the United States against alienation. | (x) “Reservation” means Indian country as defined by 18 U.S.C. 1151 and any lands where title is held by the United States in trust for the benefit of any Indian tribe or person or held by any Indian tribe or person subject to a restriction by the United States against alienation; Wyo. Stat. Ann. § 14-6-702 (West) | ||||||||||||||||||||
31 | Status Offenses | 23.2 Status offenses mean offenses that would not be considered criminal if committed by an adult; they are acts prohibited only because of a person's status as a minor (e.g., truancy, incorrigibility). | (o) “Status offense” means an offense that would not be considered criminal if committed by an adult, including, but not limited to, school truancy and incorrigibility. | ||||||||||||||||||||||||||||||
32 | 1903(11) Secretary | §1903(11) "Secretary" means Secretary of the Interior; and | 23.2 Secretary means the Secretary of the Interior or the Secretary's authorized representative acting under delegated authority. | (12) “Secretary” means the Secretary of the Interior of the United States. | ICA 232B.3(15) “Secretary of the interior” means the secretary of the United States department of the interior. | MCLA 712B.3(u) “Secretary” means the Secretary of the Interior. | MSA §260.755(19) “Secretary” means the secretary of the United States Department of the Interior. | Neb. Rev. St. § 43-1503(17) Secretary shall mean the Secretary of the United States Department of the Interior; | RCWA 13.38.040(14) “Secretary of the interior” means the secretary of the United States department of the interior | ||||||||||||||||||||||||
33 | 1903(12) Tribal Court | §1903(12) "tribal court" means a court with jurisdiction over child custody proceedings and which is either a Court of Inidan Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings. | 23.2 Tribal court means a court with jurisdiction over child-custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian Tribe, or any other administrative body of a Tribe vested with authority over child-custody proceedings. | (17) “Tribal court” means a court with jurisdiction over child custody proceedings and which is either (A) a Court of Indian Offenses, (B) a court established and operated under the code or custom of a federally recognized Indian tribe or an Indian tribe recognized by the state of Connecticut, or (C) any other administrative body of a federally recognized Indian tribe or an Indian tribe recognized by the state of Connecticut which is vested with authority over child custody proceedings. Conn. Gen. Stat. Ann. § P.A. 23-113, § 2 (West) | ICA 232B.3(17) “Tribal court” means a court or body vested by an Indian tribe with jurisdiction over child custody proceedings, including but not limited to a federal court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, or an administrative body of an Indian tribe vested with authority over child custody proceedings. | 20. Tribal court. “Tribal court” means a court of an Indian tribe with jurisdiction over Indian child custody proceedings, including a federal court of Indian offenses, a court established and operated under the code or custom of an Indian tribe or any other administrative body of an Indian tribe that is vested with authority over Indian child custody proceedings. Me. Rev. Stat. tit. 22, § 3943 | MCLA 712B.3(v) “Tribal court” means a court with jurisdiction over child custody proceedings that is either a court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe that is vested with authority over child custody proceedings. | MSA §260.755(20) “Tribal court” means a court with jurisdiction over child custody proceedings and which is either a court of Indian offenses, or a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings. | (17) “Tribal court” means a court or body vested by an Indian tribe with jurisdiction over child custody proceedings. The term includes but is not limited to a federal court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, and an administrative body of an Indian tribe vested with authority over child custody proceedings. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1503(18) Tribal court shall mean a court with jurisdiction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings; and | Sec. 17. "Tribal court" means a court with jurisdiction over child custody proceedings involving an Indian child that is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over child custody proceedings involving an Indian child. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | (13) “Tribal court” means a court with jurisdiction over Indian child custody proceedings and that is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over Indian child custody proceedings. Or. Rev. Stat. Ann. § 419B.603 (West) | RCWA 13.38.040(15) “Tribal court” means a court or body vested by an Indian tribe with jurisdiction over child custody proceedings, including but not limited to a federal court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, or an administrative body of an Indian tribe vested with authority over child custody proceedings. | (xii) “Tribal court” means a court with jurisdiction over child custody proceedings and that is either a court of Indian offenses, a court established and operated under the code or custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over child custody proceedings; Wyo. Stat. Ann. § 14-6-702 (West) | |||||||||||||||||||
34 | Tribally Approved Home | (r) “Tribally approved home” means a home that has been licensed or approved by an Indian child's tribe, or a tribe or tribal organization designated by the Indian child's tribe, for foster care or adoptive placement of an Indian child using standards established by the child's tribe pursuant to Section 1915 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). A tribally approved home is not required to be licensed or approved by the state or county and is equivalent to a state-licensed or county-licensed or approved home, including an approved resource family home. Background check requirements for foster care or adoptive placement as required by Sections 1522 and 1522.1 of the Health and Safety Code shall apply to a tribally approved home. Cal. Welf. & Inst. Code § 224.1 (West) | |||||||||||||||||||||||||||||||
35 | Tribal Customary Adoption | See Ca Wel & Inst 366.24 Tribal Customary Adoptions | See NRS Chpt. 127, Sec. 50.1. | See Or. St. 419B.656 | (16) “Tribal customary adoption” means adoption or other process through the tribal custom, traditions, or laws of an Indian child's tribe by which the Indian child is permanently placed with a nonparent and through which the nonparent is vested with the rights, privileges, and obligations of a legal parent. Termination of the parent-child relationship between the Indian child and the biological parent is not required to effect or recognize a tribal customary adoption. | ||||||||||||||||||||||||||||
36 | Upon Demand | 23.2 Upon demand means that the parent or Indian custodian can regain custody simply upon verbal request, without any formalities or contingencies. | (p) “Upon demand” means, in the case of an Indian child, the parent or Indian custodian may regain physical custody during a voluntary proceeding simply upon verbal request, without any delay, formalities, or contingencies. Cal. Welf. & Inst. Code § 224.1 (West) | Subd. 5. Demand. “Demand” means a written and notarized statement signed by a parent or Indian custodian of a child which requests the return of the child who has been voluntarily placed in foster care. Minn. Stat. Ann. § 260.755 (West) | |||||||||||||||||||||||||||||
37 | Voluntary Proceeding | 23.2 Voluntary proceeding means a child-custody proceeding that is not an involuntary proceeding, such as a proceeding for foster-care, preadoptive, or adoptive placement that either parent, both parents, or the Indian custodian has, of his or her or their free will, without a threat of removal by a State agency, consented to for the Indian child, or a proceeding for voluntary termination of parental rights. | (q) “Voluntary proceeding” means an Indian child custody proceeding that is not an involuntary proceeding, including, but not limited to, a proceeding for foster care, preadoptive or adoptive placement that either parent, both parents, or the Indian custodian has, of their free will, without a threat of removal by a state agency, consented to for the Indian child, or a proceeding for voluntary termination of parental rights. Cal. Welf. & Inst. Code § 224.1 (West) | 21. Voluntary proceeding. “Voluntary proceeding” means an Indian child custody proceeding or emergency proceeding in which a parent or Indian custodian consents, of that person's free will and without the threat of removal by a state agency, to: A. The foster care placement, preadoptive placement or adoptive placement of an Indian child; or B. The termination of parental rights to an Indian child. Me. Rev. Stat. tit. 22, § 3943 | Subd. 22. Voluntary foster care placement. “Voluntary foster care placement” means a decision in which there has been participation by a child-placing agency resulting in the temporary placement of an Indian child away from the home of the child's parents or Indian custodian in a foster home, institution, or the home of a guardian, and the parent or Indian custodian may have the child returned upon demand. Minn. Stat. Ann. § 260.755 (West) | ||||||||||||||||||||||||||||
38 | Application of ICWA | 23.103 (a) ICWA includes requirements that apply whenever an Indian child is the subject of: (1) A child-custody proceeding, including: (i) An involuntary proceeding; (ii) A voluntary proceeding that could prohibit the parent or Indian custodian from regaining custody of the child upon demand; and (iii) A proceeding involving status offenses if any part of the proceeding results in the need for out-of-home placement of the child, including a foster-care, preadoptive, or adoptive placement, or termination of parental rights. (2) An emergency proceeding. (b) ICWA does not apply to: (1) A Tribal court proceeding; (2) A proceeding regarding a criminal act that is not a status offense; (3) An award of custody of the Indian child to one of the parents including, but not limited to, an award in a divorce proceeding; or (4) A voluntary placement that either parent, both parents, or the Indian custodian has, of his or her or their free will, without a threat of removal by a State agency, chosen for the Indian child and that does not operate to prohibit the child's parent or Indian custodian from regaining custody of the child upon demand. | 2. The federal Indian Child Welfare Act1 and this chapter are applicable without exception in any child custody proceeding involving an Indian child. A state court does not have discretion to determine the applicability of the federal Indian Child Welfare Act or this chapter to a child custody proceeding based upon whether an Indian child is part of an existing Indian family. Iowa Code Ann. § 232B.5 (West) | A. The Oklahoma Indian Child Welfare Act, in accordance with the federal Indian Child Welfare Act,1 applies to all child custody proceedings involving any Indian child except the following: 1. A child custody proceeding arising from a divorce proceeding; or 2. A child custody proceeding arising from an adjudication of delinquency, unless there has been a request for termination of parental rights. B. Except as provided for in subsection A of this section, the Oklahoma Indian Child Welfare Act applies to all state voluntary and involuntary child custody court proceedings involving Indian children, regardless of whether or not the children involved are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated. Okla. Stat. Ann. tit. 10, § 40.3 (West) | (3) Jurisdiction over indian child custody proceedings. (a) Applicability. This section and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, apply to any Indian child custody proceeding regardless of whether the Indian child is in the legal custody or physical custody of an Indian parent, Indian custodian, extended family member, or other person at the commencement of the proceeding and whether the Indian child resides or is domiciled on or off of a reservation. A court assigned to exercise jurisdiction under this chapter may not determine whether this section and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, apply to an Indian child custody proceeding based on whether the Indian child is part of an existing Indian family. Wis. Stat. Ann. § 48.028 (West) | ||||||||||||||||||||||||||||
39 | 1911(a) Exclusive Jurisdiction | §1911(a)Exclusive jurisdiction An Indian tribe shall have jurisdiction exclusive as to any State over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except where such jurisdiction is otherwise vested in the State by existing Federal law. Where an Indian child is a ward of a tribal court, the Indian tribe shall retain exclusive jurisdiction, notwithstanding the residence or domicile of the child. | § 23.110 When must a State court dismiss an action? Subject to 25 U.S.C. 1919 (Agreements between States and Indian Tribes) and § 23.113 (emergency proceedings), the following limitations on a State court's jurisdiction apply: (a) The court in any voluntary or involuntary child-custody proceeding involving an Indian child must determine the residence and domicile of the Indian child. If either the residence or domicile is on a reservation where the Tribe exercises exclusive jurisdiction over child-custody proceedings, the State court must expeditiously notify the Tribal court of the pending dismissal based on the Tribe's exclusive jurisdiction, dismiss the State-court child-custody proceeding, and ensure that the Tribal court is sent all information regarding the Indian child-custody proceeding, including, but not limited to, the pleadings and any court record. (b) If the child is a ward of a Tribal court, the State court must expeditiously notify the Tribal court of the pending dismissal, dismiss the State-court child-custody proceeding, and ensure that the Tribal court is sent all information regarding the Indian child-custody proceeding, including, but not limited to, the pleadings and any court record. | (a) In any Indian child custody proceeding as defined by Section 224.1, the court shall determine the child's residence and domicile as defined in Section 224.1 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (b) If at any stage of an Indian child custody proceeding as defined in Section 224.1 and in Section 1903 of the federal Indian Child Welfare Act of 1978, the court receives information from the child welfare agency or any other source that suggests an Indian child is already a ward of a tribal court or resides or is domiciled within a reservation of an Indian tribe that has exclusive jurisdiction over child custody proceedings, as recognized in Section 1911 of Title 25 of the United States Code, or reassumed exclusive jurisdiction over Indian child custody proceedings pursuant to Section 1918 of Title 25 of the United States Code, the state court shall expeditiously notify the tribe and the tribal court of the pending dismissal based on the tribe's exclusive jurisdiction. The notification shall advise the tribe that the state court will dismiss the child custody proceeding upon receiving confirmation from the tribe that the child is a ward of a tribal court or subject to the tribe's exclusive jurisdiction. (c) Unless otherwise agreed upon by the state and the tribe pursuant to Section 1919 of Title 25 of the United States Code, upon receipt of confirmation that the child is already a ward of a tribal court or is subject to the exclusive jurisdiction of an Indian tribe as described in subdivision (b), the state court shall dismiss the child custody proceeding and ensure that the tribal court is sent all information regarding the proceeding, including, but not limited to, the pleadings and any state court record. If the local agency has not already transferred physical custody of the Indian child to the child's tribe, the state court shall order that the local agency do so forthwith and hold in abeyance any dismissal order pending confirmation that the Indian child is in the physical custody of the tribe. This subdivision does not preclude a state court from ordering an Indian child detained on an emergency basis pursuant to Section 319 if emergency removal is necessary to protect the child from imminent physical damage or harm and if more time is needed to facilitate the transfer of custody of the Indian child from the county welfare department to the tribe. Cal. Welf. & Inst. Code § 305.5 (West) | An Indian tribe shall have exclusive jurisdiction as to any state court over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except where such jurisdiction is otherwise vested in the state by existing federal law. Where an Indian child is a ward of a tribal court, the tribal court shall retain exclusive jurisdiction, notwithstanding the residence or domicile of the child. Conn. Gen. Stat. Ann. § P.A. 23-113, § 3 (West) | ICA 232B.5(1) An Indian tribe has jurisdiction exclusive as to this state over any child custody proceeding held in this state involving an Indian child who resides or is domiciled within the reservation of that tribe, except when the jurisdiction is otherwise vested in this state by existing federal law. If an Indian child is a ward of a tribal court, the Indian tribe shall retain exclusive jurisdiction, notwithstanding the residence or domicile of the child. | 1. Exclusive jurisdiction. An Indian tribe has jurisdiction exclusive as to the courts of the State over any Indian child custody proceeding or emergency proceeding held in this State involving an Indian child who resides or is domiciled within the reservation of that Indian tribe, except when the jurisdiction is otherwise vested in this State by federal law. When an Indian child is a ward of a tribal court, the Indian tribe retains exclusive jurisdiction, notwithstanding the residence or domicile of the child. Except as provided in section 3953, any Indian child custody proceeding or emergency proceeding in District Court or Probate Court that is within the exclusive jurisdiction of an Indian tribe must be dismissed. The court shall expeditiously notify the tribal court of the pending dismissal based on the tribe's exclusive jurisdiction and ensure that the tribal court is sent all information regarding the proceeding, including but not limited to the pleadings and any court record. Me. Rev. Stat. tit. 22, § 3944 | MCLA 712B.7(1) An Indian tribe has exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of that tribe. If a child is a ward of a tribal court, the Indian tribe retains exclusive jurisdiction, regardless of the residence or domicile, or subsequent change in his or her residence or domicile. | Subdivision 1. Indian Tribe jurisdiction. (a) An Indian Tribe has exclusive jurisdiction over all child placement proceedings involving an Indian child who resides or is domiciled within the reservation of the Tribe, except where jurisdiction is otherwise vested in the state by existing federal law. (b) Where an Indian child is a ward of the Tribal court, the Indian Tribe retains exclusive jurisdiction, notwithstanding the residence or domicile of the child unless the Tribe agrees to allow concurrent jurisdiction with the state. Minn. Stat. Ann. § 260.771 (West) | Sec. 6 (1) An Indian tribe has exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of that tribe unless: (a) the tribe has consented to the state's concurrent jurisdiction pursuant to Public Law 280 or 25 U.S.C. 1919; (b) the tribe has expressly declined to exercise its exclusive jurisdiction; or (c) the state is exercising emergency jurisdiction in compliance with [section 14]. (2) If an Indian child is already a ward of a tribal court at the start of the child custody proceeding, the Indian tribe may retain exclusive jurisdiction regardless of the residence or domicile of the child. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1504(1) An Indian tribe shall have jurisdiction exclusive as to this state over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except when such jurisdiction is otherwise vested in the state by existing federal law. When an Indian child is a ward of a tribal court, the Indian tribe shall retain exclusive jurisdiction, notwithstanding the residence or domicile of the child. | Sec. 26. 1. Except as otherwise provided in this section, the court's jurisdiction in a child custody proceeding involving an Indian child is concurrent with the Indian child's tribe. 2. The tribe has exclusive jurisdiction in a child custody proceeding involving an Indian child if: (a) The Indian child is a ward of a tribal court of the tribe; or (b) The Indian child resides or is domiciled within the reservation of the tribe. 3. Communications between the court and a tribal court regarding calendars, court records and similar matters may occur without informing the parties or creating a record of the communications. 4. Notwithstanding the provisions of this section, the juvenile court has temporary exclusive jurisdiction over an Indian child who is placed in protective custody pursuant to chapter 432B of NRS. 5. As used in this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | A. An Indian tribe has exclusive jurisdiction over a child custody proceeding involving an Indian child who resides or is domiciled within the reservation of the Indian tribe, except when jurisdiction is otherwise vested in the state by federal law or pursuant to a tribal-state agreement. When an Indian child is under the jurisdiction of the tribal court, the Indian tribe shall retain exclusive jurisdiction, notwithstanding the residence or domicile of the child. N.M. Stat. Ann. § 32A-28-7 (West) | SECTION 12 Jurisdiction. (1) Except as otherwise provided in this section, the juvenile court’s jurisdiction under ORS 419B.100 (1) in a case involving an Indian child is concurrent with the Indian child’s tribe. (2) If a tribe is not subject to Public Law 83-280, the tribe has exclusive jurisdiction in a case described in ORS 419B.100 (1) involving an Indian child if: (a) The Indian child is a ward of a tribal court of the Indian child’s tribe; or (b) The Indian child resides or is domiciled within the reservation of the tribe. (3)(a) An Indian tribe subject to Public Law 83-280 may limit the juvenile court’s exercise of jurisdiction under ORS 419B.100 (1) over an Indian child by entering into a tribal-state agreement described in section 10 of this 2020 special session Act. (b) The juvenile court shall decline to exercise its jurisdiction under ORS 419B.100 (1) over an Indian child who is a ward of a tribal court of the Indian child’s tribe, or who resides or is domiciled within the reservation of the tribe, if: (A) The tribe has entered into a tribal-state agreement in which the state has agreed to de- cline jurisdiction; and (B) The tribal-state agreement provides that the tribe has default jurisdiction over those cases. (c)(A) If the juvenile court declines to exer cise its jurisdiction under paragraph (b) of this subsection, the court shall coordinate with the tribal court to facilitate the tribal court’s assumption of jurisdiction. (B) The juvenile court shall: (i) Allow the Indian child’s parent, Indian custodian or tribe to participate in any communications under this subsection with a tribal court or, if the person is unable to participate in a communication, provide the person with an opportunity to represent facts and legal arguments supporting the person’s position before the juvenile court makes a decision regarding jurisdiction; (ii) Create records of any communications under this subsection; (iii) Notify the Indian child’s parent, Indian custodian or tribe in advance of each communication; and (iv) Provide the Indian child’s parent, Indian custodian or tribe with access to the record of the communication. (C) Communications between the juvenile court and a tribal court regarding calendars, court records and similar matters may occur without informing the parties or creating a record of the communications. (D) As used in this paragraph, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (4) Notwithstanding subsections (2) and (3) of this section, the juvenile court has temporary exclusive jurisdiction over an Indian child who is taken into protective custody under ORS 419B.150 or 419B.152. | RCWA 13.38.060(1) (1) An Indian tribe shall have exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of that tribe, unless the tribe has consented to the state's concurrent jurisdiction, the tribe has expressly declined to exercise its exclusive jurisdiction, or the state is exercising emergency jurisdiction in strict compliance with RCW 13.38.140. (2) If an Indian child is already a ward of a tribal court at the start of the child custody proceeding, the Indian tribe may retain exclusive jurisdiction, notwithstanding the residence or domicile of the child. | (b) Exclusive tribal jurisdiction. 1. An Indian tribe shall have exclusive jurisdiction over any Indian child custody proceeding involving an Indian child who resides or is domiciled within the reservation of the tribe, except when that jurisdiction is otherwise vested in the state by federal law and except as provided in subd. 2. If an Indian child is a ward of a tribal court, the Indian tribe shall retain exclusive jurisdiction regardless of the residence or domicile of the child. Wis. Stat. Ann. § 48.028 (West) | (a) An Indian tribe shall have exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of the tribe, except where jurisdiction is vested in the state under federal law. The Indian tribe shall retain exclusive jurisdiction if the Indian child is a ward of a tribal court, notwithstanding the residence or domicile of the child. Wyo. Stat. Ann. § 14-6-703 (West) | ||||||||||||||||
40 | 1911(b) Transfer of Jurisdiction | §1911(b) Transfer of proceedings; declination by tribal court In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe: Provided, That such transfer shall be subject to declination by the tribal court of such tribe. | 23.115 (a) Either parent, the Indian custodian, or the Indian child's Tribe may request, at any time, orally on the record or in writing, that the State court transfer a foster-care or termination-of-parental-rights proceeding to the jurisdiction of the child's Tribe. (b) The right to request a transfer is available at any stage in each foster-care or termination-of-parental-rights proceeding. 23.116 Upon receipt of a transfer petition, the State court must ensure that the Tribal court is promptly notified in writing of the transfer petition. This notification may request a timely response regarding whether the Tribal court wishes to decline the transfer. 23.117 Upon receipt of a transfer petition from an Indian child's parent, Indian custodian, or Tribe, the State court must transfer the child-custody proceeding unless the court determines that transfer is not appropriate because one or more of the following criteria are met: (a) Either parent objects to such transfer; (b) The Tribal court declines the transfer; or (c) Good cause exists for denying the transfer. 23.119 (a) If the Tribal court accepts the transfer, the State court should expeditiously provide the Tribal court with all records related to the proceeding, including, but not limited to, the pleadings and any court record. (b) The State court should work with the Tribal court to ensure that the transfer of the custody of the Indian child and of the proceeding is accomplished smoothly and in a way that minimizes the disruption of services to the family. | (d) In the case of an Indian child who is not a ward of a tribal court or subject to the exclusive jurisdiction of an Indian tribe, as described in subdivision (b), the state court shall transfer the proceeding to the jurisdiction of the child's tribe upon petition of either parent, the Indian custodian, or the child's tribe, unless the state court finds good cause not to transfer. The petition for transfer may be made orally on the record or in writing at any stage of the proceedings. Upon receipt of a petition for transfer, the state court shall terminate jurisdiction only after receiving confirmation that the tribal court has accepted the transfer. At the time that the state court terminates jurisdiction, the state court shall also do both of the following: (1) Expeditiously provide the tribal court with all records related to the proceeding, including, but not limited to, the pleadings and any state court record. (2) Work with the tribal court to ensure that the transfer of the child and of the proceeding is accomplished smoothly and in a way that minimizes the disruption of services to the family. (e)(1) If a petition to transfer proceedings as described in subdivision (d) is made orally on the record or in writing, the state court shall find good cause to deny the petition if either of the following circumstances are shown to exist: (A) One or both of the child's parents object to the transfer. (B) The tribal court of the child's tribe declines the transfer. (2) In determining whether good cause exists to deny a transfer, the state court shall not consider any of the following: (A) Socioeconomic conditions and the perceived adequacy of tribal social services or judicial systems. (B) Whether the child custody proceeding is at an advanced stage if the Indian child's parent, Indian custodian, or tribe did not receive notice of the child custody proceeding until an advanced stage. It shall not, in and of itself, be considered an unreasonable delay for a party to wait until reunification efforts have failed and reunification services have been terminated before filing a petition to transfer. (C) Whether there have been prior proceedings involving the child for which no transfer petition was filed. (D) Whether the transfer could affect the placement of the child. (E) Whether the Indian child has cultural connections with the tribe or its reservation. (3) The burden of establishing good cause not to transfer shall be on the party opposing the transfer. If the state court believes, or any party asserts, that good cause not to transfer exists, the reasons for that belief or assertion shall be stated orally on the record or in writing and made available to all parties who are petitioning for the transfer, and the petitioner shall have the opportunity to provide information or evidence in rebuttal of the belief or assertion. (4) This section and Sections 1911 and 1918 of Title 25 of the United States Code shall not be construed as requiring a tribe to petition the Secretary of the Interior to reassume exclusive jurisdiction pursuant to Section 1918 of Title 25 of the United States Code prior to exercising jurisdiction over a proceeding transferred under subdivision (d). (f) If any petitioner in an Indian child custody proceeding has improperly removed the child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the state court shall decline jurisdiction over the petition and shall immediately return the child to his or her parent or Indian custodian, unless retaining the child outside the custody of his or her parent or Indian custodian is necessary to prevent imminent physical damage or harm. Cal. Welf. & Inst. Code § 305.5 (West) | (a) In any state court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the Indian child's tribe, absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe, provided such transfer shall be subject to declination by the tribal court of such tribe. (b) In any such proceeding, the Indian custodian of the child and the Indian child's tribe shall have a right to intervene at any point in the proceeding. (c) The state shall give full faith and credit to the public acts, records and judicial proceedings of any Indian tribe applicable to Indian child custody proceedings to the same extent that such entities give full faith and credit to the public acts, records and judicial proceedings of any other entity. Conn. Gen. Stat. Ann. § P.A. 23-113, § 4 (West) | ICA 232B.5(10)-(13)Unless either of an Indian child's parents objects, in any child custody proceeding involving an Indian child who is not domiciled or residing within the jurisdiction of the Indian child's tribe, the court shall transfer the proceeding to the jurisdiction of the Indian child's tribe, upon the petition of any of the following persons: a. Either of the child's parents. b. The child's Indian custodian. c. The child's tribe. 11. Notwithstanding entry of an objection to a transfer of proceedings as described in subsection 10, the court shall reject any objection that is inconsistent with the purposes of this chapter, including but not limited to any objection that would prevent maintaining the vital relationship between Indian tribes and the tribes' children and would interfere with the policy that the best interest of an Indian child require that the child be placed in a foster or adoptive home that reflects the unique values of Indian culture. 12. A transfer of proceedings under subsection 10 may be declined by the tribal court of the Indian child's tribe. If the tribal court declines to assume jurisdiction, the state court shall reassume jurisdiction and shall apply all of the following in any proceeding: a. The requirements of the federal Indian Child Welfare Act. b. This chapter. c. The applicable provisions of any agreement between the Indian child's tribe and the state concerning the welfare, care, and custody of Indian children. | 2. Transfer of proceedings; declination by tribal court. In any proceeding for the foster care placement of, or termination of parental rights to, an Indian child who is not domiciled or residing within the reservation of the Indian child's tribe, the District Court or Probate Court shall, upon the petition of the Indian child's parent, Indian custodian or tribe, promptly notify the tribal court of the transfer petition and transfer the proceeding to the jurisdiction of the Indian child's tribe unless any of the following applies: A. A parent of the Indian child objects to the transfer; B. The Indian child's tribe does not have a tribal court, or the tribal court of the Indian child's tribe declines jurisdiction; or C. The court determines that good cause exists to deny the transfer. The party opposing transfer has the burden to show good cause by clear and convincing evidence. The good cause determination must be based on which court is best positioned to adjudicate the proceeding, not on the potential outcome of the proceeding. In determining whether good cause exists, the court may not consider: (1) Whether the foster care placement or termination of parental rights proceeding is at an advanced stage if the Indian child's parent, Indian custodian or tribe did not receive notice of the child custody proceeding until an advanced stage; (2) Whether there have been prior proceedings involving the Indian child for which no petition to transfer was filed; (3) Whether transfer could affect the placement of the Indian child; (4) The Indian child's cultural connections with the tribe or its reservation; or (5) Socioeconomic conditions or any negative perception of tribal or United States Department of the Interior, Bureau of Indian Affairs social services or judicial systems. Me. Rev. Stat. tit. 22, § 3944 | MCLA 712B.7(3) In any state court child custody proceeding, for an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the court, in the absence of good cause to the contrary, shall transfer the proceeding to the Indian tribe's jurisdiction, absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe, provided that the transfer is subject to declination by the tribal court of the Indian tribe. | (c) An Indian Tribe and the state of Minnesota share concurrent jurisdiction over a child placement proceeding involving an Indian child who resides or is domiciled outside of the reservation of the Tribe. Minn. Stat. Ann. § 260.771 (West) Subd. 3. Transfer of proceedings. In any child placement proceeding, the court, in the absence of good cause to the contrary, shall transfer the proceeding to the jurisdiction of the Tribe absent objection by either parent. The petition to transfer may be filed by the Indian child's parent, the Indian custodian, or the Indian child's Tribe. The transfer is subject to declination by the Tribal court of the Tribe. Minn. Stat. Ann. § 260.771 (West) | (3) Except as provided in subsection (5), in a child custody proceeding involving an Indian child who is not residing or domiciled within the reservation of the Indian child's tribe, the court shall, in the absence of good cause to the contrary, transfer the proceeding to the jurisdiction of the Indian child's tribe on the motion of any of the following: (a) either of the Indian child's parents; (b) the Indian child's Indian custodian; or (c) the Indian child's tribe. (4) If the Indian child's tribe has not formally intervened, the moving party shall serve a copy of the motion and all supporting documents on the tribal court to which the moving party seeks transfer. (5) If either of the Indian child's parents objects to transfer of the proceeding to the Indian child's tribe, the court may not transfer the proceeding. (6)(a) If a state court believes or any party asserts that good cause to deny transfer exists, the reasons for that belief or assertion must be provided orally or in writing on the record and to the parties to the child custody proceeding. Any party to the child custody proceeding must have the opportunity to provide the court with the reasons that good cause exists to deny transfer of the proceeding. (b) In determining whether good cause exists, the court may not consider: (i) whether the child custody proceeding is at an advanced stage; (ii) whether there have been prior proceedings involving the child for which no petition to transfer was filed; (iii) whether transfer could affect the placement of the child; (iv) the child's cultural connections with the tribe or its reservation; or (v) socioeconomic conditions or any negative perception of the tribal or bureau of Indian affairs social services or judicial systems. (c) If the court denies transfer of jurisdiction, the court shall state its reasons for the denial orally on the record or in a written order. (7)(a) Following entry of an order transferring jurisdiction to the Indian child's tribe and pending receipt of a tribal court order accepting jurisdiction, the state court: (i) may conduct additional hearings and enter orders that are in the best interests of the child and strictly comply with the requirements of the federal Indian Child Welfare Act and [sections 1 through 18]; and (ii) may not enter a final order in a child custody proceeding, except an order dismissing the proceeding and returning the Indian child to the care of the parent or Indian custodian from whose care the child was removed. (b) On receipt of an order from a tribal court accepting jurisdiction, the court shall: (i) dismiss the child custody proceeding with prejudice; and (ii) expeditiously provide the tribal court with all records related to the proceeding, including but not limited to the pleadings and any court record. The state court shall work with the tribal court to ensure the transfer of the custody of the Indian child and the proceeding is accomplished smoothly and in a way that minimizes the disruption of services to the family. (8) If the Indian child's tribe accepts jurisdiction, the state court shall enter an order relieving the office of the state public defender and any public defender assigned pursuant to 41–3–425 and 47–1–104 from further representation. (9) If the Indian child's tribe declines jurisdiction, the state court shall enter an order vacating the order transferring jurisdiction and proceed with adjudication of the child custody proceeding in compliance with the federal Indian Child Welfare Act, [sections 1 through 18], and any applicable state-tribal agreement. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1504(2) In any state court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the primary tribe, absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe, except that such transfer shall be subject to declination by the tribal court of the primary tribe. | Sec. 27. 1. Except as otherwise provided in subsection 4, the court shall transfer a child custody proceeding involving an Indian child if, at any time during the proceeding, the Indian child's parent, Indian custodian or tribe petitions the court to transfer the proceeding to the tribal court. 2. Upon receipt of a transfer motion, the court shall contact the Indian child's tribe and request a timely response regarding whether the tribe intends to decline the transfer. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session Sec. 28. Upon granting a transfer motion under section 27 of this act, the court shall expeditiously: 1. Notify the tribal court of the pending dismissal of the child custody proceeding; 2. Transfer all information regarding the proceeding, including, without limitation, pleadings and court records, to the tribal court; 3. Direct the appropriate agency to: (a) Coordinate with the tribal court and the Indian child's tribe to ensure that the transfer of the proceeding and the transfer of custody of the Indian child is accomplished with minimal disruption of services to the Indian child and the Indian child's family; and (b) Provide the Indian child's tribe with documentation related to the Indian child's eligibility for state and federal assistance and information related to the Indian child's social history, treatment diagnosis and services and other relevant case and service related data; and 4. Dismiss the proceeding upon confirmation from the tribal court that the tribal court received the transferred information. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | B. In a child custody proceeding involving an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the court and the tribal court have concurrent jurisdiction. C. At the inception of a child custody proceeding involving an Indian child not domiciled or residing within the reservation of the Indian child's tribe, or upon a motion for transfer at any stage of the proceeding, the department shall, without delay, ask the Indian child's tribe in writing whether the Indian child's tribe will accept jurisdiction over the child custody proceeding. D. If the Indian child's tribe declines to accept jurisdiction, the court retains jurisdiction. A parent, guardian, Indian custodian or the Indian child's tribe retains the right to move the court to transfer the proceeding to the tribal court at any stage of the proceeding. A transfer motion may be made orally on the record or in writing. E. If the Indian child's tribe accepts jurisdiction in writing provided to the court, the court shall transfer the child custody proceeding to the tribal court unless: (1) either parent of the Indian child objects to the transfer; or (2) good cause exists to deny the transfer. N.M. Stat. Ann. § 32A-28-7 (West) I. When a court authorizes transfer, the court: (1) retains jurisdiction and shall not dismiss the case until the tribal court exercises jurisdiction and confirms that the tribe has received all information required by this section; (2) shall expeditiously transfer to the tribal court all records related to the proceeding, including all pleadings and the court record; and (3) shall direct the department to: (a) coordinate with the tribal court and the Indian child's tribe to ensure that the transfer is accomplished with minimal disruption of services to the Indian child and the Indian child's family; and (b) expeditiously provide at no cost to the appropriate tribal agency: 1) all records and original documents related to the Indian child in the department's possession, including a birth certificate, social security card, certificate of Indian birth and similar documents; 2) documentation related to the Indian child's eligibility for state and federal assistance; and 3) the entire case record in the possession of the department. N.M. Stat. Ann. § 32A-28-7 (West) | 4. In an Indian child custody proceeding under this chapter involving an Indian child who is not residing or domiciled within the reservation of the Indian child's tribe, the court assigned to exercise jurisdiction under this chapter, upon the petition of the Indian child's parent, Indian custodian, or tribe, shall transfer the proceeding to the jurisdiction of the tribe unless either of the following applies: a. A parent of the Indian child objects to the transfer. b. An Indian tribe has exclusive jurisdiction over an Indian child custody proceeding involving an Indian child who resides or is domiciled within the reservation of the tribe, except if that jurisdiction is otherwise vested in the state by federal law. If an Indian child is a ward of a tribal court, the Indian tribe retains exclusive jurisdiction regardless of the residence or domicile of the Indian child. 5. In an Indian child custody proceeding under this chapter involving an Indian child who is not residing or domiciled within the reservation of the Indian child's tribe, the court assigned to exercise jurisdiction under this chapter, upon the petition of the Indian child's parent, Indian custodian, or tribe, shall transfer the proceeding to the jurisdiction of the tribe unless any of the following apply: a. A parent of the Indian child objects to the transfer. b. The Indian child's tribe does not have a tribal court, or the tribal court of the Indian child's tribe declines jurisdiction. c. The court determines good cause exists to deny the transfer. In determining whether good cause exists to deny the transfer, the court may not consider any perceived inadequacy of the tribal social services department or the tribal court of the Indian child's tribe. The court may determine good cause exists to deny the transfer only if the person opposing the transfer shows by clear and convincing evidence the evidence or testimony necessary to decide the case cannot be presented in tribal court without undue hardship to the parties or the witnesses and that the tribal court is unable to mitigate the hardship by making arrangements to receive the evidence or testimony by use of telephone or live audiovisual means, by hearing the evidence or testimony at a location that is convenient to the parties and witnesses, or by use of other means permissible under the tribal court's rules of evidence. N.D. Cent. Code Ann. § 27-19.1-02 (West) | SECTION 13. Motion to transfer to tribal court; objection. (1) Except as provided in subsection (5) of this section, the juvenile court shall transfer a proceeding under ORS chapter 419B involving an Indian child if, at any time during the proceeding, the Indian child’s parent, Indian custodian or tribe petitions the court to transfer the proceeding to the tribal court. (2) Upon receipt of a transfer motion, the juvenile court shall contact the Indian child’s tribe and request a timely response regarding whether the tribe intends to decline the transfer. (3) A party may object to the transfer motion on the basis of one of the following: (a) That the Indian child’s tribe has declined the transfer; (b) That one or both of the Indian child’s parents object to the transfer; or (c) That good cause exists to deny the transfer. (4)(a) If a party objects to the transfer motion for good cause, the court shall fix the time for hearing on objections to the motion. (b) At the hearing, the objecting party has the burden of proof of establishing by clear and convincing evidence that good cause exists to deny the transfer. (c) If the Indian child’s tribe contests the assertion that good cause exists to deny the transfer, the court shall give the tribe’s argument substantial weight. (d) When making a determination whether good cause exists to deny the transfer motion, the juvenile court may not consider: (A) Whether the proceeding is at an advanced stage; (B) Whether there has been a prior proceeding involving the Indian child in which a transfer motion was not filed; (C) Whether the transfer could affect the placement of the Indian child; (D) The Indian child’s cultural connections with the tribe or the tribe’s reservation; (E) The socioeconomic conditions of the Indian child’s tribe or any negative perception of tribal or United States Bureau of Indian Affairs’ social services or judicial systems; or (F) Whether the transfer serves the best interests of the Indian child. (5)(a) The court shall deny the transfer motion if: (A) The tribe declines the transfer orally on the record or in writing; (B) The Indian child’s parent objects to the transfer; or (C) The court finds by clear and convincing evidence, after hearing, that good cause exists to deny the transfer. (b) Notwithstanding paragraph (a)(B) of this subsection, the objection of the Indian child’s parent does not preclude the transfer if: (A) The objecting parent dies or the objecting parent’s parental rights are terminated and have not been reinstated under ORS 419B.532; and (B) The Indian child’s remaining parent, Indian custodian or tribe files a new transfer mo- tion subsequent to the death of the objecting parent or the termination of the parental rights of the objecting parent. (6) If the juvenile court denies a transfer under this section, the court shall document the basis for the denial in a written order. SECTION 14. Transfer. Upon granting a transfer motion under section 13 of this 2020 special session Act, the juvenile court shall expeditiously: (1) Notify the tribal court of the pending dismissal of the proceeding; (2) Transfer all information regarding the proceeding, including but not limited to pleadings and court records, to the tribal court; (3) Direct the Department of Human Services to: (a) Coordinate with the tribal court and the Indian child’s tribe to ensure that the transfer of the proceeding and the transfer of custody of the Indian child is accomplished with minimal disruption of services to the Indian child and the Indian child’s family; and (b) Provide the Indian child’s tribe with documentation related to the Indian child’s eligibility for state and federal assistance and information related to the Indian child’s social history, treatment diagnosis and services and other relevant case and service related data; and (4) Dismiss the proceeding upon confirmation from the tribal court that the tribal court received the transferred information. | RCWA 13.38.080 (1) In any proceeding for the foster care placement of, or termination of parental rights to, an Indian child who is not domiciled or residing within the reservation of the Indian child's tribe, the court shall, in the absence of good cause to the contrary, transfer the proceeding to the jurisdiction of the Indian child's tribe, upon the motion of any of the following persons: (a) Either of the child's parents; (b) The child's Indian custodian; (c) The child's tribe; or (d) The child, if age twelve or older. The transfer shall be subject to declination by the tribe. The tribe shall have seventy-five days to affirmatively respond to a motion or order transferring jurisdiction to the tribal court. A failure of the tribe to respond within the seventy-five day period shall be construed as a declination to accept transfer of the case. (2) If the child's tribe has not formally intervened, the moving party shall serve a copy of the motion and all supporting documents on the tribal court to which the moving party seeks transfer. (3) If either of the Indian child's parents objects to transfer of the proceeding to the Indian child's tribe, the court shall not transfer the proceeding. (4) Following entry of an order transferring jurisdiction to the Indian child's tribe: (a) Upon receipt of an order from a tribal court accepting jurisdiction, the state court shall dismiss the child custody proceeding without prejudice. (b) Pending receipt of such tribal court order, the state court may conduct additional hearings and enter orders which strictly comply with the requirements of the federal Indian child welfare act and this chapter. The state court shall not enter a final order in any child custody proceeding, except an order dismissing the proceeding and returning the Indian child to the care of the parent or Indian custodian from whose care the child was removed, while awaiting receipt of a tribal court order accepting jurisdiction, or in the absence of a tribal court order or other formal written declination of jurisdiction. (c) If the Indian child's tribe declines jurisdiction, the state court shall enter an order vacating the order transferring jurisdiction and proceed with adjudication of the child custody matter in strict compliance with the federal Indian child welfare act, this chapter, and any applicable tribal-state agreement. | (c) Transfer of proceedings to tribe. In any Indian child custody proceeding under this chapter involving an out-of-home placement of, termination of parental rights to, or delegation of powers, as described in sub. (2)(d)5., regarding, an Indian child who is not residing or domiciled within the reservation of the Indian child's tribe, the court assigned to exercise jurisdiction under this chapter shall, upon the petition of the Indian child's parent, Indian custodian, or tribe, transfer the proceeding to the jurisdiction of the tribe unless any of the following applies: 1. A parent of the Indian child objects to the transfer. 2. The Indian child's tribe does not have a tribal court, or the tribal court of the Indian child's tribe declines jurisdiction. Wis. Stat. Ann. § 48.028 (West) | (b) In any state court proceeding for the shelter care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the state court, upon the petition of either parent, the Indian custodian or the Indian child's tribe and absent good cause to the contrary or an objection by either parent, shall transfer the proceeding to the jurisdiction of the appropriate tribe. Nothing in this subsection shall limit the tribal court's authority to decline a transfer to the tribal court under this subsection. Wyo. Stat. Ann. § 14-6-703 (West) | |||||||||||||||
41 | Good Cause (transfer) | 23.118 How is a determination of “good cause” to deny transfer made? (a) If the State court believes, or any party asserts, that good cause to deny transfer exists, the reasons for that belief or assertion must be stated orally on the record or provided in writing on the record and to the parties to the child-custody proceeding. (b) Any party to the child-custody proceeding must have the opportunity to provide the court with views regarding whether good cause to deny transfer exists. (c) In determining whether good cause exists, the court must not consider: (1) Whether the foster-care or termination-of-parental-rights proceeding is at an advanced stage if the Indian child's parent, Indian custodian, or Tribe did not receive notice of the child-custody proceeding until an advanced stage; (2) Whether there have been prior proceedings involving the child for which no petition to transfer was filed; (3) Whether transfer could affect the placement of the child; (4) The Indian child's cultural connections with the Tribe or its reservation; or (5) Socioeconomic conditions or any negative perception of Tribal or BIA social services or judicial systems. (d) The basis for any State-court decision to deny transfer should be stated orally on the record or in a written order. | (b) In any such proceeding, the Indian custodian of the child and the Indian child's tribe shall have a right to intervene at any point in the proceeding. | 13. If a petition to transfer proceedings as described in subsection 10 is filed, the court shall find good cause to deny the petition only if one or more of the following circumstances are shown to exist: a. The tribal court of the child's tribe declines the transfer of jurisdiction. b. The tribal court does not have subject matter jurisdiction under the laws of the tribe or federal law. c. Circumstances exist in which the evidence necessary to decide the case cannot be presented in the tribal court without undue hardship to the parties or the witnesses, and the tribal court is unable to mitigate the hardship by making arrangements to receive and consider the evidence or testimony by use of remote communication, by hearing the evidence or testimony at a location convenient to the parties or witnesses, or by use of other means permitted in the tribal court's rules of evidence or discovery. d. An objection to the transfer is entered in accordance with subsection 10. ICA 232B.5 **Unconstitutional by IA SCt without allowing child objection** | 712B.7 (4) When a court makes a good cause determination under this section, adequacy of the tribe, tribal court, or tribal social services shall not be considered. (5) A court may determine that good cause not to transfer a case to tribal court exists only if the person opposing the transfer shows by clear and convincing evidence that either of the following applies: (a) The Indian tribe does not have a tribal court. (b) The requirement of the parties or witnesses to present evidence in tribal court would cause undue hardship to those parties or witnesses that the Indian tribe is unable to mitigate. (6) In any state court child custody proceeding of an Indian child, the Indian custodian of the child and the Indian child's tribe have a right to intervene at any point in the child custody proceeding. | Subd. 3a. Good cause to deny transfer. (a) Establishing good cause to deny transfer of jurisdiction to a Tribal court is a fact-specific inquiry to be determined on a case-by-case basis. Socioeconomic conditions and the perceived adequacy of Tribal or Bureau of Indian Affairs social services or judicial systems must not be considered in a determination that good cause exists. The party opposed to transfer of jurisdiction to a Tribal court has the burden to prove by clear and convincing evidence that good cause to deny transfer exists. Opposition to a motion to transfer jurisdiction to Tribal court must be in writing and must be served upon all parties. (b) The court may find good cause to deny transfer to Tribal court if: (1) the Indian child's Tribe does not have a Tribal court or any other administrative body of a Tribe vested with authority over child placement proceedings, as defined in section 260.755, subdivision 3, to which the case can be transferred, and no other Tribal court has been designated by the Indian child's Tribe; or (2) the evidence necessary to decide the case could not be adequately presented in the Tribal court without undue hardship to the parties or the witnesses and the Tribal court is unable to mitigate the hardship by any means permitted in the Tribal court's rules. Without evidence of undue hardship, travel distance alone is not a basis for denying a transfer. Minn. Stat. Ann. § 260.771 (West) | 3. If a party objects to the transfer motion for good cause, the court shall fix the time for hearing on objections to the motion. At the hearing, the objecting party has the burden of proof of establishing by clear and convincing evidence that good cause exists to deny the transfer. If the Indian child's tribe contests the assertion that good cause exists to deny the transfer, the court shall give the tribe's argument substantial weight. When making a determination whether good cause exists to deny the transfer motion, the court may not consider: (a) Whether the proceeding is at an advanced stage; (b) Whether there has been a prior proceeding involving the Indian child in which a transfer motion was not filed; (c) Whether the transfer could affect the placement of the Indian child; (d) The cultural connections of the Indian child with the tribe or the tribe's reservation; or (e) The socioeconomic conditions of the Indian child's tribe or any negative perception of tribal or United States Bureau of Indian Affairs' social services or judicial systems. 4. The court shall deny the transfer motion if: (a) The tribe declines the transfer orally on the record or in writing; (b) The Indian child's parent objects to the transfer; or (c) The court finds by clear and convincing evidence, after hearing, that good cause exists to deny the transfer. 5. Notwithstanding paragraph (b) of subsection 4, the objection of the Indian child's parent does not preclude the transfer if: (a) The objecting parent dies or the objecting parent's parental rights are terminated and have not been restored; and (b) The Indian child's remaining parent, Indian custodian or tribe files a new transfer motion subsequent to the death of the objecting parent or the termination of the parental rights of the objecting parent. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | F. If any party asserts that good cause to deny the transfer exists, the reasons for that belief or assertion shall be placed on the record in a written motion, and the motion shall be served on the parties and the Indian child's tribe. The court shall hold a hearing on the record in which: (1) all parties and the Indian child's tribe, even if the tribe has not formally intervened in the case, have an opportunity to present facts and legal arguments; (2) the burden to establish good cause is on the party opposing the transfer; and (3) good cause shall be established by clear and convincing evidence. G. For the purpose of transferring a case, a finding of good cause shall not be based on: (1) the advanced stage of a child custody proceeding if the parent, guardian, Indian custodian or Indian child's tribe did not receive notice of the proceeding until an advanced stage; (2) the timing of the tribe's intervention; (3) whether there have been prior proceedings in the court involving the Indian child for which no petition to transfer was filed; (4) predictions of whether the transfer could result in a change in the placement of the Indian child; (5) the Indian child's cultural connections with the Indian tribe or its reservation; (6) consideration of any perceived inadequacy of an Indian tribe's judicial systems; (7) consideration of the perceived socioeconomic conditions within an Indian tribe or reservation; or (8) a delay in placing an Indian child with the Indian child's extended family members or adult relatives, regardless of the stage of the child custody proceeding. H. If the court denies the transfer for good cause, the basis for the decision shall be stated orally on the record and in a written order. N.M. Stat. Ann. § 32A-28-7 (West) | 3. The court determines that good cause exists to deny the transfer. In determining whether good cause exists to deny the transfer, the court may not consider any perceived inadequacy of the tribal social services department or the tribal court of the Indian child's tribe. The court may determine that good cause exists to deny the transfer only if the person opposing the transfer shows by clear and convincing evidence that any of the following applies: a. The Indian child is 12 years of age or over and objects to the transfer. b. The evidence or testimony necessary to decide the case cannot be presented in tribal court without undue hardship to the parties or the witnesses and that the tribal court is unable to mitigate the hardship by making arrangements to receive the evidence or testimony by use of telephone or live audiovisual means, by hearing the evidence or testimony at a location that is convenient to the parties and witnesses, or by use of other means permissible under the tribal court's rules of evidence. c. The Indian child's tribe received notice of the proceeding under sub. (4)(a), the tribe has not indicated to the court in writing that the tribe is monitoring the proceeding and may request a transfer at a later date, the petition for transfer is filed by the tribe, and the petition for transfer is filed more than 6 months after the tribe received notice of the proceeding or, if the proceeding is a termination of parental rights proceeding, more than 3 months after the tribe received notice of the proceeding. Wis. Stat. Ann. § 48.028 (West) | ||||||||||||||||||||||||
42 | 1911(c) Intervention | §1911(c) State court proceedings; intervention In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child, the Indian custodian of the child and the Indian child's tribe shall have a right to intervene at any point in the proceeding. | 23.133 If it possesses the capability, the court should allow alternative methods of participation in State-court child-custody proceedings involving an Indian child, such as participation by telephone, videoconferencing, or other methods. | The Indian child's tribe and Indian custodian have the right to intervene at any point in an Indian child custody proceeding. Cal. Welf. & Inst. Code § 224.4 (West) | (c) The state shall give full faith and credit to the public acts, records and judicial proceedings of any Indian tribe applicable to Indian child custody proceedings to the same extent that such entities give full faith and credit to the public acts, records and judicial proceedings of any other entity. | ICA 232B.5(14) The Indian child's tribe or tribes and Indian custodian have the right to intervene at any point in any foster care placement or termination of parental rights proceeding involving the child. The Indian child's tribe shall also have the right to intervene at any point in any adoption proceeding involving the child. Any member of the Indian child's family may intervene in an adoption proceeding involving the child for the purpose of petitioning the court for the adoptive placement of the child in accordance with the order of preference provided for in this chapter. | 3. Intervention. An Indian child's Indian custodian or tribe may intervene in any proceeding for the foster care placement of, or termination of parental rights to, an Indian child at any point in the proceeding. Me. Rev. Stat. tit. 22, § 3944 | MCLA 712B.7(6)-(7) (6) In any state court child custody proceeding of an Indian child, the Indian custodian of the child and the Indian child's tribe have a right to intervene at any point in the child custody proceeding. (7) Official tribal representatives have the right to participate in any proceeding that is subject to the Indian child welfare act and this chapter. | MSA §260.761(6) In any state court proceeding for the voluntary adoptive or preadoptive placement of an Indian child, the Indian child's tribe shall have a right to intervene at any point in the proceeding. Subd. 2a. Right of intervention. In any state court child placement proceeding of an Indian child, the Indian child's Tribe, parent or parents, and Indian custodian shall have the right to intervene at any point in the proceeding. Minn. Stat. Ann. § 260.771 (West) | Neb. Rev. St. § 43-1504 (2)-(3) In any state court proceeding for the foster care placement of, or termination of parental rights to, an Indian child, the Indian custodian of the child and the Indian child's tribe or tribes shall have a right to intervene at any point in the proceeding regardless of whether the intervening party is represented by legal counsel. The Indian child's tribe or tribes and their counsel are not required to associate with local counsel or pay a fee to appear pro hac vice in a child custody proceeding under the Nebraska Indian Child Welfare Act. Representatives from the Indian child's tribe or tribes have the right to fully participate in every court proceeding held under the act. | A. An Indian child's tribe has the right to intervene at any point in a child custody proceeding. B. In any court proceeding subject to the Indian Family Protection Act for the foster care placement, guardianship placement, adoptive placement of or termination of parental rights to an Indian child, the Indian child's relative or extended family member, the guardian, the Indian custodian or a foster parent with whom the child has resided for at least twelve months may file a motion to intervene at any point in the proceeding. C. When determining whether a person described in Subsection B of this section should be permitted to intervene, the court shall consider: (1) the person's rationale for the proposed intervention; and (2) whether intervention is in the best interest of the Indian child. D. When the court determines that the Indian child's best interest will be served as a result of intervention by a person described in Subsection B of this section, the court may permit intervention unless the party opposing intervention can demonstrate that a viable plan for reunification with the respondents is in progress and that intervention could impede the progress of the reunification plan. N.M. Stat. Ann. § 32A-28-14 (West) (not recommended) | 6. An Indian child's tribe may intervene at any point in an Indian child custody proceeding. N.D. Cent. Code Ann. § 27-19.1-02 (West) | RCWA 13.38.090 The Indian child, the Indian child's tribe or tribes, and the Indian custodian have the right to intervene at any point in any child custody proceeding involving the Indian child. | 48.028(3)(e) Intervention. An Indian child's Indian custodian or tribe may intervene at any point in an Indian child custody proceeding under this chapter involving an out‐of‐home care placement of, termination of parental rights to, or delega on of powers, as described in sub. (2) (d) 5., regarding, the Indian child. | (c) The Indian custodian of an Indian child and the Indian child's tribe shall have the right to intervene in any state court proceeding for the shelter care placement of, or termination of parental rights to, an Indian child. Wyo. Stat. Ann. § 14-6-703 (West) | ||||||||||||||||||
43 | Tribal Representative | 23.133 Should courts allow participation by alternative methods? If it possesses the capability, the court should allow alternative methods of participation in State-court child-custody proceedings involving an Indian child, such as participation by telephone, videoconferencing, or other methods. | (a) In a custody proceeding involving a child who would otherwise be an Indian child based on the definition contained in paragraph (4) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), but is not an Indian child based on status of the child's tribe, as defined in paragraph (8) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), the court may permit the tribe from which the child is descended to participate in the proceeding upon request of the tribe. (b) If the court permits a tribe to participate in a proceeding, the tribe may do all of the following, upon consent of the court: (1) Be present at the hearing. (2) Address the court. (3) Request and receive notice of hearings. (4) Request to examine court documents relating to the proceeding. (5) Present information to the court that is relevant to the proceeding. (6) Submit written reports and recommendations to the court. (7) Perform other duties and responsibilities as requested or approved by the court. (c) If more than one tribe requests to participate in a proceeding under subdivision (a), the court may limit participation to the tribe with which the child has the most significant contacts, as determined in accordance with paragraph (2) of subdivision (d) of Section 170. (d) This section is intended to assist the court in making decisions that are in the best interest of the child by permitting a tribe in the circumstances set out in subdivision (a) to inform the court and parties to the proceeding about placement options for the child within the child's extended family or the tribal community, services and programs available to the child and the child's parents as Indians, and other unique interests the child or the child's parents may have as Indians. This section shall not be construed to make the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), or any state law implementing the Indian Child Welfare Act, applicable to the proceedings, or to limit the court's discretion to permit other interested persons to participate in these or any other proceedings. (e) This section shall only apply to proceedings involving an Indian child. Cal. Fam. Code § 185 (West) (k) Notwithstanding any other provision, an Indian child's tribe may participate by telephone, or other remote appearance options, in proceedings in which the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) may apply. The method of appearance may be determined by the court consistent with court capacity and contractual obligations, and taking into account the capacity of the tribe, as long as a method of effective remote appearance and participation sufficient to allow the tribe to fully exercise its rights is provided. Fees shall not be charged for court appearances established under this subdivision conducted in whole or in part by remote means. Cal. Welf. & Inst. Code § 224.2 (West) | 712B.3 (r) "Official tribal representative" means an individual who is designated by the Indian child's tribe to represent the tribe in a court overseeing a child custody proceeding. An official tribal representative does not need to be an attorney. (7) Official tribal representatives have the right to participate in any proceeding that is subject to the Indian child welfare act and this chapter. | The Indian child's tribe or tribes and their counsel are not required to associate with local counsel or pay a fee to appear pro hac vice in a child custody proceeding under the Nebraska Indian Child Welfare Act. Representatives from the Indian child's tribe or tribes have the right to fully participate in every court proceeding held under the act. | Sec. 34. 1. Notwithstanding the provisions of NRS 7.285, a tribe that is a party to a child custody proceeding involving an Indian child may be represented by any person, regardless of whether the person is licensed to practice law. 2. An attorney who is not barred from practicing law in this State may appear in any proceeding involving an Indian child without associating with local counsel if the attorney establishes to the satisfaction of the State Bar of Nevada that: (a) The attorney will appear in a court in this State for the limited purpose of participating in a proceeding under chapter 432B of NRS subject to the provisions of sections 2 to 38, inclusive, of this act; (b) The attorney represents an Indian child's parent, Indian custodian or tribe; and (c) The Indian child's tribe has affirmed the Indian child's membership or eligibility for membership under tribal law. 3. An Indian custodian or tribe may notify the court, orally on the record or in writing, that the Indian custodian or tribe withdraws as a party to the proceeding. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | (1) Notwithstanding ORS 9.160 and 9.320, a tribe that is a party to a proceeding under ORS 419B.875 (1)(a)(H) may be represented by any individual, regardless of whether the individual is licensed to practice law. (2) An attorney who is not barred from practicing law in this state may appear in any proceeding involving an Indian child without associating with local counsel if the attorney establishes to the satisfaction of the Oregon State Bar that: (a) The attorney will appear in a court in this state for the limited purpose of participating in a proceeding under ORS chapter 419B subject to the provisions of ORS 419B.600 to 419B.654; (b) The attorney represents an Indian child's parent, Indian custodian or tribe; and (c) The Indian child's tribe has affirmed the Indian child's membership or eligibility for membership under tribal law. (3) Notwithstanding ORS 419B.875 (1)(a)(H), an Indian custodian or tribe may notify the court, orally on the record or in writing, that the Indian custodian or tribe withdraws as a party to the proceeding. Or. Rev. Stat. Ann. § 419B.646 (West) | ||||||||||||||||||||||||||
44 | 1911(d) Full Faith and Credit | §1911(d) Full faith and credit to public acts, records, and judicial proceedings of Indian tribes The United States, every State, every territory or possession of the United States, and every Indian tribe shall give full faith and credit to the public acts, records, and judicial proceedings of any Indian tribe applicable to Indian child custody proceedings to the same extent that such entities give full faith and credit to the public acts, records, and judicial proceedings of any other entity. | In an Indian child custody proceeding, the court shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe applicable to the proceeding to the same extent that such entities give full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Cal. Welf. & Inst. Code § 224.5 (West) | Conn. Gen. Stat. Ann. § P.A. 23-113, § 4 (West) | ICA 232B.5(15) The state shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe applicable to the Indian child custody proceedings. | 4. Full faith and credit. The State shall give full faith and credit to the public acts, records and judicial proceedings of any Indian tribe that are applicable to an Indian child custody proceeding to the same extent that the State gives full faith and credit to the public acts, records and judicial proceedings of any other governmental entity. Me. Rev. Stat. tit. 22, § 3944 | MCLA 712B.7(8) This state shall give full faith and credit to the public acts, records, and judicial proceedings of any Indian tribe applicable to Indian child custody proceedings to the same extent given to the public acts, records, and judicial proceedings of any other entity. | Subd. 4. Effect of Tribal court placement orders. (a) The court shall give full faith and credit to Tribal court placement orders. In any case where the Tribal court orders placement and services, including but not limited to case planning services, full faith and credit of the Tribal court's order shall be provided so long as the county of financial responsibility was provided notice and an opportunity to be heard regarding the expenses. Determination of county of financial responsibility for the placement shall be determined by the child-placing agency in accordance with section 256G.02, subdivision 4. Disputes concerning the county of financial responsibility shall be settled in the manner prescribed in section 256G.09. (b) The court shall give full faith and credit to the public acts, records, and judicial proceedings of any Indian Tribe in all proceedings under sections 260.755 to 260.835. The courts shall give deference to the Tribe's interpretation of the Tribe's own unique system of laws. If further interpretation of a Tribe's laws or order is required, the court shall transfer the proceedings to the jurisdiction of the Tribal court for interpretation of the Tribal court's order. Minn. Stat. Ann. § 260.771 (West) | Section 8. Full faith and credit. The state shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe that are applicable to Indian child custody proceedings. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | The state shall recognize and give full faith and credit to public acts, records and judicial proceedings regarding parentage, nonparentage, adoption and custody decided in an Indian tribe's jurisdiction. N.M. Stat. Ann. § 32A-28-9 (West) | 7. The state shall give full faith and credit to the public acts, records, and judicial proceedings of an Indian tribe which are applicable to an Indian child custody proceeding to the same extent that the state gives full faith and credit to the public acts, records, and judicial proceedings of any other governmental entity. N.D. Cent. Code Ann. § 27-19.1-02 (West) | The juvenile court shall give full faith and credit to the public acts, records and judicial proceedings of an Indian tribe applicable to an Indian child custody proceeding. Or. Rev. Stat. Ann. § 419B.663 (West) | RCWA 13.38.100 The state shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe applicable to Indian child custody proceedings. | 48.028(3)(f) Full faith and credit. The state shall give full faith and credit to the public acts, records, and judicial proceedings of any Indian tribe that are applicable to an Indian child custody proceeding to the same extent that the state gives full faith and credit to the public acts, records, and judicial proceedings of any other governmental entity. | (d) The state of Wyoming shall give full faith and credit to the public acts, records and judicial proceedings of any Indian tribe applicable to Indian child custody proceedings to the same extent that the tribe gives full faith and credit to the public acts, records and judicial proceedings of the state of Wyoming. Wyo. Stat. Ann. § 14-6-703 (West) | ||||||||||||||||||
45 | Investigations (Early Notice) | A. Within twenty-four hours of initiating an investigation that involves an Indian child, the department shall notify the Indian child's tribe of: (1) the investigation; (2) the involvement of the Indian child; (3) the department's obligation to collaborate with the Indian child's tribe to identify a potential qualified expert witness or witnesses to participate in the proceeding if the investigation results in a child custody proceeding; and (4) the department's obligation to identify a potential qualified expert witness or witnesses no later than thirty days prior to a child custody or termination proceeding. B. During an investigation that involves an Indian child, the department shall: (1) coordinate services with the Indian child's tribe to prevent taking the child into custody; (2) provide culturally appropriate remedial services designed to prevent the breakup of the Indian family; and (3) make active efforts to identify extended family members and fictive kin able to be alternative care providers or to ensure the safety of the child. C. The department's active efforts to coordinate services to prevent taking the Indian child into custody shall be documented in any subsequent action that may result in the child coming into the department's custody. D. Before filing a petition related to an Indian child, the department shall notify the Indian child's tribe of the results of the investigation, including the active efforts that have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful, resulting in the department's intention to file the petition. N.M. Stat. Ann. § 32A-28-12 (West) | |||||||||||||||||||||||||||||||
46 | Inquiry and/or Reason to Know | § 23.107 How should a State court determine if there is reason to know the child is an Indian child? (a) State courts must ask each participant in an emergency or voluntary or involuntary child-custody proceeding whether the participant knows or has reason to know that the child is an Indian child. The inquiry is made at the commencement of the proceeding and all responses should be on the record. State courts must instruct the parties to inform the court if they subsequently receive information that provides reason to know the child is an Indian child. (b) If there is reason to know the child is an Indian child, but the court does not have sufficient evidence to determine that the child is or is not an “Indian child,” the court must: (1) Confirm, by way of a report, declaration, or testimony included in the record that the agency or other party used due diligence to identify and work with all of the Tribes of which there is reason to know the child may be a member (or eligible for membership), to verify whether the child is in fact a member (or a biological parent is a member and the child is eligible for membership); and (2) Treat the child as an Indian child, unless and until it is determined on the record that the child does not meet the definition of an “Indian child” in this part. (c) A court, upon conducting the inquiry required in paragraph (a) of this section, has reason to know that a child involved in an emergency or child-custody proceeding is an Indian child if: (1) Any participant in the proceeding, officer of the court involved in the proceeding, Indian Tribe, Indian organization, or agency informs the court that the child is an Indian child; (2) Any participant in the proceeding, officer of the court involved in the proceeding, Indian Tribe, Indian organization, or agency informs the court that it has discovered information indicating that the child is an Indian child; (3) The child who is the subject of the proceeding gives the court reason to know he or she is an Indian child; (4) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village; (5) The court is informed that the child is or has been a ward of a Tribal court; or (6) The court is informed that either parent or the child possesses an identification card indicating membership in an Indian Tribe. | (a) The court, county welfare department, and the probation department have an affirmative and continuing duty to inquire whether a child for whom a petition under Section 300, 601, or 602 may be or has been filed, is or may be an Indian child. The duty to inquire begins with the initial contact, including, but not limited to, asking the party reporting child abuse or neglect whether the party has any information that the child may be an Indian child. (b) If a child is placed into the temporary custody of a county welfare department pursuant to Section 306 or county probation department pursuant to Section 307, the county welfare department or county probation department has a duty to inquire whether that child is an Indian child. Inquiry includes, but is not limited to, asking the child, parents, legal guardian, Indian custodian, extended family members, others who have an interest in the child, and the party reporting child abuse or neglect, whether the child is, or may be, an Indian child and where the child, the parents, or Indian custodian is domiciled. (c) At the first appearance in court of each party, the court shall ask each participant present in the hearing whether the participant knows or has reason to know that the child is an Indian child. The court shall instruct the parties to inform the court if they subsequently receive information that provides reason to know the child is an Indian child. (d) There is reason to know a child involved in a proceeding is an Indian child under any of the following circumstances: (1) A person having an interest in the child, including the child, an officer of the court, a tribe, an Indian organization, a public or private agency, or a member of the child's extended family informs the court that the child is an Indian child. (2) The residence or domicile of the child, the child's parents, or Indian custodian is on a reservation or in an Alaska Native village. (3) Any participant in the proceeding, officer of the court, Indian tribe, Indian organization, or agency informs the court that it has discovered information indicating that the child is an Indian child. (4) The child who is the subject of the proceeding gives the court reason to know that the child is an Indian child. (5) The court is informed that the child is or has been a ward of a tribal court. (6) The court is informed that either parent or the child possess an identification card indicating membership or citizenship in an Indian tribe. (e) If the court, social worker, or probation officer has reason to believe that an Indian child is involved in a proceeding, but does not have sufficient information to determine that there is reason to know that the child is an Indian child, the court, social worker, or probation officer shall make further inquiry regarding the possible Indian status of the child, and shall make that inquiry as soon as practicable. (1) There is reason to believe a child involved in a proceeding is an Indian child whenever the court, social worker, or probation officer has information suggesting that either the parent of the child or the child is a member or may be eligible for membership in an Indian tribe. Information suggesting membership or eligibility for membership includes, but is not limited to, information that indicates, but does not establish, the existence of one or more of the grounds for reason to know enumerated in paragraphs (1) to (6), inclusive, of subdivision (d). (2) When there is reason to believe the child is an Indian child, further inquiry is necessary to help the court, social worker, or probation officer determine whether there is reason to know a child is an Indian child. Further inquiry includes, but is not limited to, all of the following: (A) Interviewing the parents, Indian custodian, and extended family members to gather the information required in paragraph (5) of subdivision (a) of Section 224.3. (B) Contacting the Bureau of Indian Affairs and the State Department of Social Services for assistance in identifying the names and contact information of the tribes in which the child may be a member, or eligible for membership in, and contacting the tribes and any other person that may reasonably be expected to have information regarding the child's membership status or eligibility. (C) Contacting the tribe or tribes and any other person that may reasonably be expected to have information regarding the child's membership, citizenship status, or eligibility. Contact with a tribe shall, at a minimum, include telephone, facsimile, or electronic mail contact to each tribe's designated agent for receipt of notices under the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). Contact with a tribe shall include sharing information identified by the tribe as necessary for the tribe to make a membership or eligibility determination, as well as information on the current status of the child and the case. (f) If there is reason to know, as set forth in subdivision (d), that the child is an Indian child, the party seeking foster care placement shall provide notice in accordance with paragraph (5) of subdivision (a) of Section 224.3. (g) If there is reason to know the child is an Indian child, but the court does not have sufficient evidence to determine that the child is or is not an Indian child, the court shall confirm, by way of a report, declaration, or testimony included in the record that the agency or other party used due diligence to identify and work with all of the tribes of which there is reason to know the child may be a member, or eligible for membership, to verify whether the child is in fact a member or whether a biological parent is a member and the child is eligible for membership. (h) A determination by an Indian tribe that a child is or is not a member of, or eligible for membership in, that tribe, or testimony attesting to that status by a person authorized by the tribe to provide that determination, shall be conclusive. Information that the child is not enrolled, or is not eligible for enrollment in, the tribe is not determinative of the child's membership status unless the tribe also confirms in writing that enrollment is a prerequisite for membership under tribal law or custom. (i)(1) When there is reason to know that the child is an Indian child, the court shall treat the child as an Indian child unless and until the court determines on the record and after review of the report of due diligence as described in subdivision (g), and a review of the copies of notice, return receipts, and tribal responses required pursuant to Section 224.3, that the child does not meet the definition of an Indian child as used in Section 224.1 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (2) If the court makes a finding that proper and adequate further inquiry and due diligence as required in this section have been conducted and there is no reason to know whether the child is an Indian child, the court may make a finding that the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) does not apply to the proceedings, subject to reversal based on sufficiency of the evidence. The court shall reverse its determination if it subsequently receives information providing reason to believe that the child is an Indian child and order the social worker or probation officer to conduct further inquiry pursuant to Section 224.3. (j) Notwithstanding a determination that the federal Indian Child Welfare Act of 1978 does not apply to the proceedings, if the court, social worker, or probation officer subsequently receives any information required by Section 224.3 that was not previously available or included in the notice issued under Section 224.3, the party seeking placement shall provide the additional information to any tribes entitled to notice under Section 224.3 and to the Secretary of the Interior's designated agent. Cal. Welf. & Inst. Code § 224.2 (West) | 1. This chapter applies to child custody proceedings involving an Indian child whether the child is in the physical or legal custody of an Indian parent, Indian custodian, or an Indian extended family member or another person at the commencement of the proceedings or whether the child has resided or domiciled on or off an Indian reservation. 2. The court shall require a party seeking the foster care placement of, termination of parental rights over, or the adoption of, an Indian child to seek to determine whether the child is an Indian child through contact with any Indian tribe in which the child may be a member or eligible for membership, the child's parent, any person who has custody of the child or with whom the child resides, and any other person that reasonably can be expected to have information regarding the child's possible membership or eligibility for membership in an Indian tribe, including but not limited to the United States department of the interior. 3. A written determination by an Indian tribe that a child is a member of or eligible for membership in that tribe, or testimony attesting to such status by a person authorized by the tribe to provide that determination, shall be conclusive. A written determination by an Indian tribe, or testimony by a person authorized by the tribe to provide that determination or testimony, that a child is not a member of or eligible for membership in that tribe shall be conclusive as to that tribe. If an Indian tribe does not provide evidence of the child's status as an Indian child, the court shall determine the child's status. 4. The determination of the Indian status of a child shall be made as soon as practicable in order to serve the best interest of the child and to ensure compliance with the notice requirements of this chapter. Iowa Code Ann. § 232B.4 (West) 3. In a child custody proceeding, the court or any party to the proceeding shall be deemed to know or have reason to know that an Indian child is involved whenever any of the following circumstances exist: a. A party to the proceeding or the court has been informed by any interested person, an officer of the court, a tribe, an Indian organization, a public or private agency, or a member of the child's extended family that the child is or may be an Indian child. b. The child who is the subject of the proceeding gives the court reason to believe the child is an Indian child. c. The court or a party to the proceeding has reason to believe the residence or domicile of the child is in a predominantly Indian community. Iowa Code Ann. § 232B.5 (West) | Art. 624.1. Reason to know a child is an Indian child; federal Indian Child Welfare Act A. Upon conducting the inquiry required by Article 624(D), a court has reason to know that a child in a continued custody hearing or other child custody proceeding is an Indian child if any of the following occurs: (1) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that the child is an Indian child. (2) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that it has discovered information indicating that the child is an Indian child. (3) The child who is the subject of the proceeding gives the court reason to know that he is an Indian child. (4) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village. (5) The court is informed that the child is or has been a ward of a Tribal court. (6) The court is informed that either parent or the child possesses an identification card indicating membership in an Indian tribe. B. If the court makes a finding that there is reason to know that the child is an Indian child, the court may enter any order for placement in accordance with Article 627, but the court shall thereafter proceed as if the child is an Indian child. INDIAN CHILD WELFARE ACT, 2018 La. Sess. Law Serv. Act 296 (H.B. 182) (WEST) A. The petition shall set forth with specificity: (1) The name, date and place of birth, sex, race, and address of the child. If the child is in a foster home, the identification of the parish in which he resides shall suffice for his address. (2) The name and current address of each parent. (3) A statement as to whether the petitioner knows or has reason to know that the child is an Indian child and facts that support that statement. INDIAN CHILD WELFARE ACT, 2018 La. Sess. Law Serv. Act 296 (H.B. 182) (WEST) Art. 661.1. Federal Indian Child Welfare Act inquiry A. At the commencement of the adjudication hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child. B. In accordance with Article 624.1, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder. C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or department has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to adjudication in accordance with this Title. INDIAN CHILD WELFARE ACT, 2018 La. Sess. Law Serv. Act 296 (H.B. 182) (WEST); Also see Art. 1034.2; 1034.1, 767.2, 767.1 | 1. Determination of Indian child status. In any proceeding that would qualify as an Indian child custody proceeding or emergency proceeding if the child were an Indian child, the District Court or Probate Court shall ask each participant whether the participant knows or has reason to know that the child is an Indian child. The court shall use the procedures in 25 Code of Federal Regulations, Section 23.107 to determine if a child may be an Indian child. Me. Rev. Stat. tit. 22, § 3945 | 712B.9 (3) The department shall actively seek to determine whether a child at initial contact is an Indian child. If the department is able to make an initial determination as to which Indian tribe or tribes a child brought to its attention may be a member, the department shall exercise due diligence to contact the Indian tribe or tribes in writing so that the tribe may verify membership or eligibility for membership. If the department is unable to make an initial determination as to which tribe or tribes a child may be a member, the department shall, at a minimum, contact in writing the tribe or tribes located in the county where the child is located and the secretary. (4) Circumstances under which a court, the department, or other party to a child custody proceeding has reason to believe a child involved in a child custody proceeding is an Indian include, but are not limited to, any of the following: (a) Any party to the case, Indian tribe, Indian organization, or public or private agency informs the court that the child is an Indian child. (b) Any public or state-licensed agency involved in child protection services or family support has discovered information that suggests that the child is an Indian child. (c) The child who is the subject of the proceeding gives the court reason to believe he or she is an Indian child. (d) The residence or the domicile of the child, his or her biological parents, or the Indian custodian is known by the court to be or is shown to be a predominantly Indian community. (e) An officer of the court involved in the proceeding has knowledge that the child may be an Indian child. (5) The department shall exercise due diligence to determine, document, and contact the Indian child's extended family members in accordance with the fostering connections to success and increasing adoptions act of 2008, Public Law 110-351. If applicable, determinations and documentation should be conducted in consultation with the child or parent's tribe. (6) A written determination or oral testimony by a person authorized by the Indian tribe to speak on its behalf, regarding a child's membership or eligibility for membership in a tribe, is conclusive as to that tribe. (7) The petitioner shall document all efforts made to determine a child's membership or eligibility for membership in an Indian tribe and shall provide them, upon request, to the court, Indian tribe, Indian child, Indian child's lawyer-guardian ad litem, parent, or Indian custodian. | Subdivision 1. Inquiry of Tribal lineage. The child-placing agency or individual petitioner shall inquire of the child, the child's parents and custodians, and other appropriate persons whether there is any reason to believe that a child brought to the agency's attention may have lineage to an Indian Tribe. This inquiry shall occur at the time the child comes to the attention of the child-placing agency or individual petitioner and shall continue throughout the involvement of the child-placing agency or individual petitioner. Minn. Stat. Ann. § 260.761 (West) | Section 4. Determination of Indian status—confidentiality of records. (1)(a) A party seeking the foster care placement of, termination of parental rights over, or adoption of a child shall use due diligence to determine whether the child is an Indian child. The inquiry must be made in consultation with: (i) the child's parent or parents; (ii) an individual who has custody of the child or with whom the child resides; (iii) any other individual who reasonably may be expected to have information regarding the child's possible membership or eligibility for membership in an Indian tribe; and (iv) any Indian tribe of which the child may be a member or may be eligible for membership. The consultation with a tribe must be made by contacting the tribe in writing. (b) The inquiries required under this subsection (1) must be documented in the record. (2) Preliminary contacts for the purpose of using due diligence to determine a child's possible Indian status do not constitute legal notice as required by [section 7]. (3) A court shall ask each participant in an emergency proceeding or voluntary or involuntary child custody proceeding whether the participant knows or has reason to know that the child is an Indian child. The inquiry must be made at the commencement of the proceeding and all responses must be on the record. The court shall instruct the parties to inform the court if they subsequently receive information that provides reason to know the child is an Indian child. (4) If there is reason to know the child is an Indian child but the court does not have sufficient evidence to determine that the child is or is not an Indian child, the court shall confirm, by way of a report, declaration, or testimony included in the record, that the department or other party used due diligence to identify and work with all tribes of which there is reason to know the child may be a member or eligible for membership to verify whether the child is a member or eligible for membership. (5) A court, on conducting the inquiry required in subsection (3), has reason to know that a child involved in an emergency proceeding or child custody proceeding may be an Indian child if: (a) any participant in the proceeding, officer of the court involved in the proceeding, Indian tribe, Indian organization, or agency informs the court that: (i) the child is an Indian child; or (ii) it has discovered information indicating that the child is an Indian child; (b) the child who is the subject of the proceeding gives the court reason to know the child is an Indian child; (c) the court is informed that the residence or domicile of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village; (d) the court is informed that the child is or has been a ward of a tribal court; (e) the court is informed that either of the parents or the child possesses an identification card indicating membership in an Indian tribe; or (f) the court determines from additional information provided that the child may be an Indian child. (6)(a) When seeking verification of a child's Indian status during a voluntary proceeding, the court shall keep relevant documents pertaining to the inquiry confidential and under seal if a consenting parent expresses either orally or in writing a desire for anonymity. A request for anonymity does not relieve the court, agency, or other party from any duty of compliance with [sections 1 through 18], including the obligation to verify whether the child is an Indian child. (b) A tribe receiving information related to an inquiry of a child's status as an Indian child must keep documents and information confidential. (7) A written determination by an Indian tribe regarding the child's status as an Indian child is conclusive that the child is an Indian child. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. Stat. Ann. § 43-1504 (West) | Sec. 24. In any child custody proceeding involving an Indian child that is based on allegations that the Indian child is within the jurisdiction of the court, the court must determine the residence and domicile of the Indian child and whether the Indian child is a ward of tribal court. The court shall communicate with any tribal courts to the extent necessary to make a determination under this section. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session Sec. 29.5. Notwithstanding any other provision of law and in addition to any other requirements, in any child custody proceeding: 1. Each petitioner and every other person otherwise required by the court or by any applicable law shall: (a) Determine whether there is reason to know that the child is an Indian child; and (b) Demonstrate to the court that he or she made efforts to determine whether a child is an Indian child. 2. The court shall: (a) Make a finding regarding whether there is reason to know that the child is an Indian child, unless the court has previously found that the child is an Indian child; and (b) Not enter a custody order in the matter until all applicable inquiry and notice requirements set forth in sections 2 to 38, inclusive, of this act have been met. Sec. 30. 1. Except if the person already knows that a child is an Indian child, whenever a person is required in a child custody proceeding to determine whether there is reason to know that the child is an Indian child, the person shall make a good faith effort to determine whether the child is an Indian child, including, without limitation, by consulting with: (a) The child; (b) The child's parent or parents; (c) Any person having custody of the child or with whom the child resides; (d) Extended family members of the child; (e) Any other person who may reasonably be expected to have information regarding the child's membership or eligibility for membership in a Indian tribe; and (f) Any Indian tribe of which the child may be a member or of which the child may be eligible for membership. 2. A court or person has reason to know that a child in a child custody proceeding is an Indian child if: (a) The person knows that the child is an Indian child; (b) The court has found that the child is an Indian child or that there is reason to know that the child is an Indian child; (c) Any person present in the proceeding, officer of the court involved in the proceeding, Indian tribe, Indian organization or agency informs the court or the person that the child is an Indian child or that information has been discovered indicating that the child is an Indian child; (d) The child indicates to the court or the person that the child is an Indian child; (e) The court or the person is informed that the domicile or residence of the child, the child's parent or the child's Indian custodian is on a reservation or in an Alaska Native village; (f) The court or the person is informed that the child is or has been a ward of a tribal court; (g) The court or the person is informed that the child or the child's parent possesses an identification card or other record indicating membership in an Indian tribe; (h) Testimony or documents presented to the court indicate in any way that the child may be an Indian child; or (i) Any other indicia provided to the court or the person, or within the knowledge of the court or the person, indicates that the child is an Indian child. 3. Except as otherwise provided in section 49 of this act, whenever a person is required to demonstrate to the court in a child custody proceeding that the person made efforts to determine whether a child is an Indian child, the court shall make written findings regarding whether the person satisfied the inquiry requirements under subsection 1 and whether the child is an Indian child or whether there is reason to know that the child is an Indian child. At the commencement of any hearing in an emergency proceeding or a child custody proceeding, unless the court previously found that the child is an Indian child, the court shall ask, on the record, each person present on the matter whether the person has reason to know that the child is an Indian child and shall make a finding regarding whether there is reason to know that the child is an Indian child. 4. If the court finds under subsection 3 that there is: (a) Reason to know that the child is an Indian child but the court does not have sufficient evidence to find that the child is an Indian child, the court shall order that the inquiry as to whether the child is an Indian child continue until the court finds that the child is not an Indian child. (b) Not reason to know that the child is an Indian child, the court shall order each party to immediately inform the court if the party receives information providing reason to know that the child is an Indian child. 5. If the court finds under subsection 3 that there is reason to know that the child is an Indian child but the court does not have sufficient evidence to make a finding that the child is or is not an Indian child, the court shall require the appropriate agency or other party to submit a report, declaration or testimony on the record that the agency or other party used due diligence to identify and work with all of the tribes of which the child may be a member or in which the child may be eligible for membership to verify whether the child is a member or is eligible for membership. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | A. If a child is taken into custody by the department, the department shall make active efforts to determine whether there is reason to know the child is an Indian child.B. At the beginning of every proceeding under the Children's Code, the court shall make a written determination as to whether the Indian Family Protection Act applies to the case.C. At the commencement of any hearing in a child custody proceeding, the court shall determine whether the child is an Indian child by asking, on the record, each individual present on the matter whether the individual knows or has reason to know that the child is an Indian child. If no individual present at the hearing knows or has reason to know that the child is an Indian child, the court shall instruct each party to inform the court immediately if the individual later receives information that provides reason to know that the child is an Indian child.D. A court has reason to know that a child is an Indian child if:(1) an Indian tribe asserts that the child may be eligible for membership;(2) any party in the proceeding, officer of the court involved in the proceeding or an Indian organization informs the court that the child is an Indian child;(3) any party at the hearing, officer of the court present at the hearing, Indian tribe or Indian organization informs the court that information has been discovered indicating that the child is an Indian child;(4) the child indicates to the court that the child is an Indian child;(5) the court is informed that the domicile or residence of the child, the child's parent, the child's guardian or the child's Indian custodian is on a reservation or in an Alaska native village;(6) the court is informed that the child is or has been under the jurisdiction of a tribal court;(7) the court is informed that the child or the child's parent possesses an identification card or other record indicating membership in an Indian tribe;(8) testimony or documents presented to the court indicate that the child may be an Indian child; or(9) any other indicia provided to the court or within the court's knowledge indicate that the child is an Indian child.E. If a court has reason to know that a child is an Indian child but does not have sufficient evidence to determine whether the child is an Indian child, the court shall:(1) treat the child as an Indian child until the court determines, on the record, that the child is not an Indian child; and(2) require the department or another party to submit a report, declaration or testimony on the record that the department or other party made active efforts to identify and work with all of the Indian tribes of which there is reason to know the child may be a member or be eligible for membership to verify whether the child is an Indian child.F. As used in this section, “Indian organization” means a group, association, partnership, corporation or other legal entity owned or controlled by Indians, or a majority of whose members are Indians. N.M. Stat. Ann. § 32A-1-14.1 (West) | C. The court shall seek a determination of the Indian status of the child in accordance with the preceding standard in the following circumstances: 1. The court has been informed by an interested party, an officer of the court, a tribe, an Indian organization or a public or private agency that the child is Indian; or 2. The child who is the subject of the proceeding gives the court reason to believe he is an Indian child; or 3. The court has reason to believe the residence or domicile of the child is a predominantly Indian community. D. The court shall seek verification of the Indian status of the child from the Indian tribe or the Bureau of Indian Affairs. A determination of membership by an Indian tribe shall be conclusive. A determination of membership by the Bureau of Indian Affairs shall be conclusive in the absence of a contrary determination by the Indian tribe. E. The determination of the Indian status of a child shall be made as soon as practicable in order to ensure compliance with the notice requirements of Section 40.4 of this title. Okla. Stat. Ann. tit. 10, § 40.3 (West) | (2) Except as provided in subsection (1) of this section or if the person already knows that a child is an Indian child, whenever a person is required under ORS 419C.626 or ORS chapter 109, 418, 419A or 419B to determine whether the person has reason to know that the child is an Indian child, the person shall make a good faith effort to determine whether the child is an Indian child, including, at a minimum, consulting with: (a) The child; (b) The child's parent or parents; (c) Any person having custody of the child or with whom the child resides; (d) Extended family members of the child; (e) Any other person who may reasonably be expected to have information regarding the child's membership or eligibility for membership in an Indian tribe; and (f) Any Indian tribe of which the child may be a member or of which the child may be eligible for membership. (3) A court or person has reason to know that a child is an Indian child if: (a) The person knows that the child is an Indian child; (b) The court has found that the child is an Indian child or that there is reason to know that the child is an Indian child; (c) Any individual present in the proceeding, officer of the court involved in the proceeding, Indian tribe, Indian organization or agency informs the court or the person that the child is an Indian child; (d) Any individual present in the proceeding, officer of the court involved in the proceeding, agency, Indian tribe or Indian organization informs the court or the person that information has been discovered indicating that the child is an Indian child; (e) The child indicates to the court or the person that the child is an Indian child; (f) The court or the person is informed that the domicile or residence of the child, the child's parent or the child's Indian custodian is on a reservation or in an Alaska Native village; (g) The court or the person is informed that the child is or has been a ward of a tribal court; (h) The court or the person is informed that the child or the child's parent possesses an identification card or other record indicating membership in an Indian tribe; (i) Testimony or documents presented to the court or the person indicate in any way that the child may be an Indian child; or (j) Any other indicia provided to the court or the person, or within the knowledge of the court or the person, indicates that the child is an Indian child. (4)(a) Except as provided in ORS 109.278, whenever a person is required to demonstrate to the court that the person made efforts to determine whether a child is an Indian child, the court shall make written findings regarding whether the person satisfied the inquiry requirements under subsection (1) or (2) of this section, as appropriate, and whether the child is an Indian child, there is reason to know that the child is an Indian child or there is not reason to know that the child is an Indian child. (b) At the commencement of any hearing in which the court is required to inquire whether a child is an Indian child, unless the court previously found that the child is an Indian child, the court shall ask, on the record, each individual present on the matter whether the individual has reason to know that the child is an Indian child and shall make a finding regarding whether there is reason to know that the child is an Indian child. (c) If the court finds under paragraph (a) or (b) of this subsection that there is reason to know that the child is an Indian child but the court does not have sufficient evidence to find that the child is an Indian child, the court shall order that the child be treated as an Indian child until the court finds that the child is not an Indian child. (d) If the court finds under paragraph (a) or (b) of this subsection that there is not reason to know that the child is an Indian child, the court shall order each party to immediately inform the court if the party receives information providing reason to know that the child is an Indian child. (5) If the court finds under subsection (4) of this section that there is reason to know that the child is an Indian child but the court does not have sufficient evidence to make a finding that the child is or is not an Indian child, the court shall require the Department of Human Services or other party to submit a report, declaration or testimony on the record that the department or the other party used due diligence to identify and work with all of the tribes of which the child may be a member or in which the child may be eligible for membership to verify whether the child is a member or is eligible for membership. (6)(a) A person making an inquiry under subsection (1) or (2) of this section shall request that any tribe receiving information under this section keep documents and information regarding the inquiry confidential if a consenting parent in an adoption proceeding under ORS 109.266 to 109.410 requests anonymity. (b) A consenting parent's request for anonymity does not relieve the court or any party in an adoption proceeding from the duty to verify whether the child is an Indian child. Or. Rev. Stat. Ann. § 419B.636 (West) | Any party seeking the foster care placement of, termination of parental rights over, or the adoption of a child must make a good faith effort to determine whether the child is an Indian child. This shall be done by consultation with the child's parent or parents, any person who has custody of the child or with whom the child resides, and any other person that reasonably can be expected to have information regarding the child's possible membership or eligibility for membership in an Indian tribe to determine if the child is an Indian child, and by contacting any Indian tribe in which the child may be a member or may be eligible for membership. Preliminary contacts for the purpose of making a good faith effort to determine a child's possible Indian status, do not constitute legal notice as required by RCW 13.38.070. Wash. Rev. Code Ann. § 13.38.050 (West) | ||||||||||||||||||
47 | 1912(a) Notice | §1912(a) Notice; time for commencement of proceedings; additional time for preparation In any involuntary proceeding in a State court, where the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement of, or termination of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child's tribe, by registered mail with return receipt requested, of the pending proceedings and of their right of intervention. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, such notice shall be given to the Secretary in like manner, who shall have fifteen days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. No foster care placement or termination of parental rights proceeding shall be held until at least ten days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary: Provided, That the parent or Indian custodian or the tribe shall, upon request, be granted up to twenty additional days to prepare for such proceeding. | 23.11 (a) In any involuntary proceeding in a State court where the court knows or has reason to know that an Indian child is involved, and where the identity and location of the child's parent or Indian custodian or Tribe is known, the party seeking the foster-care placement of, or termination of parental rights to, an Indian child must directly notify the parents, the Indian custodians, and the child's Tribe by registered or certified mail with return receipt requested, of the pending child-custody proceedings and their right of intervention. Notice must include the requisite information identified in § 23.111, consistent with the confidentiality requirement in § 23.111(d)(6)(ix). Copies of these notices must be sent to the appropriate Regional Director listed in paragraphs (b)(1) through (12) of this section by registered or certified mail with return receipt requested or by personal delivery and must include the information required by § 23.111. 23.111 (a) When a court knows or has reason to know that the subject of an involuntary foster-care-placement or termination-of-parental-rights proceeding is an Indian child, the court must ensure that: (1) The party seeking placement promptly sends notice of each such child-custody proceeding (including, but not limited to, any foster-care placement or any termination of parental or custodial rights) in accordance with this section; and (2) An original or a copy of each notice sent under this section is filed with the court together with any return receipts or other proof of service. (b) Notice must be sent to: (1) Each Tribe where the child may be a member (or eligible for membership if a biological parent is a member) (see § 23.105 for information on how to contact a Tribe); (2) The child's parents; and (3) If applicable, the child's Indian custodian. (c) Notice must be sent by registered or certified mail with return receipt requested. Notice may also be sent via personal service or electronically, but such alternative methods do not replace the requirement for notice to be sent by registered or certified mail with return receipt requested. (d) Notice must be in clear and understandable language and include the following: (1) The child's name, birthdate, and birthplace; (2) All names known (including maiden, married, and former names or aliases) of the parents, the parents' birthdates and birthplaces, and Tribal enrollment numbers if known; (3) If known, the names, birthdates, birthplaces, and Tribal enrollment information of other direct lineal ancestors of the child, such as grandparents; (4) The name of each Indian Tribe in which the child is a member (or may be eligible for membership if a biological parent is a member); (5) A copy of the petition, complaint, or other document by which the child-custody proceeding was initiated and, if a hearing has been scheduled, information on the date, time, and location of the hearing; (6) Statements setting out: (i) The name of the petitioner and the name and address of petitioner's attorney; (ii) The right of any parent or Indian custodian of the child, if not already a party to the child-custody proceeding, to intervene in the proceedings. (iii) The Indian Tribe's right to intervene at any time in a State-court proceeding for the foster-care placement of or termination of parental rights to an Indian child. (iv) That, if the child's parent or Indian custodian is unable to afford counsel based on a determination of indigency by the court, the parent or Indian custodian has the right to court-appointed counsel. (v) The right to be granted, upon request, up to 20 additional days to prepare for the child-custody proceedings. (vi) The right of the parent or Indian custodian and the Indian child's Tribe to petition the court for transfer of the foster-care-placement or termination-of-parental-rights proceeding to Tribal court as provided by 25 U.S.C. 1911 and § 23.115. (vii) The mailing addresses and telephone numbers of the court and information related to all parties to the child-custody proceeding and individuals notified under this section. (viii) The potential legal consequences of the child-custody proceedings on the future parental and custodial rights of the parent or Indian custodian. (ix) That all parties notified must keep confidential the information contained in the notice and the notice should not be handled by anyone not needing the information to exercise rights under ICWA. (e) If the identity or location of the child's parents, the child's Indian custodian, or the Tribes in which the Indian child is a member or eligible for membership cannot be ascertained, but there is reason to know the child is an Indian child, notice of the child-custody proceeding must be sent to the appropriate Bureau of Indian Affairs Regional Director (see www.bia.gov). To establish Tribal identity, as much information as is known regarding the child's direct lineal ancestors should be provided. The Bureau of Indian Affairs will not make a determination of Tribal membership but may, in some instances, be able to identify Tribes to contact. (f) If there is a reason to know that a parent or Indian custodian possesses limited English proficiency and is therefore not likely to understand the contents of the notice, the court must provide language access services as required by Title VI of the Civil Rights Act and other Federal laws. To secure such translation or interpretation support, a court may contact or direct a party to contact the Indian child's Tribe or the local BIA office for assistance in locating and obtaining the name of a qualified translator or interpreter. (g) If a parent or Indian custodian of an Indian child appears in court without an attorney, the court must inform him or her of his or her rights, including any applicable right to appointed counsel, right to request that the child-custody proceeding be transferred to Tribal court, right to object to such transfer, right to request additional time to prepare for the child-custody proceeding as provided in § 23.112, and right (if the parent or Indian custodian is not already a party) to intervene in the child-custody proceedings. § 23.112 What time limits and extensions apply? (a) No foster-care-placement or termination-of-parental-rights proceeding may be held until at least 10 days after receipt of the notice by the parent (or Indian custodian) and by the Tribe (or the Secretary). The parent, Indian custodian, and Tribe each have a right, upon request, to be granted up to 20 additional days from the date upon which notice was received to prepare for participation in the proceeding. (b) Except as provided in 25 U.S.C. 1922 and § 23.113, no child-custody proceeding for foster-care placement or termination of parental rights may be held until the waiting periods to which the parents or Indian custodians and to which the Indian child's Tribe are entitled have expired, as follows: (1) 10 days after each parent or Indian custodian (or Secretary where the parent or Indian custodian is unknown to the petitioner) has received notice of that particular child-custody proceeding in accordance with 25 U.S.C. 1912(a) and § 23.111; (2) 10 days after the Indian child's Tribe (or the Secretary if the Indian child's Tribe is unknown to the party seeking placement) has received notice of that particular child-custody proceeding in accordance with 25 U.S.C. 1912(a) and § 23.111; (3) Up to 30 days after the parent or Indian custodian has received notice of that particular child-custody proceeding in accordance with 25 U.S.C. 1912(a) and § 23.111, if the parent or Indian custodian has requested up to 20 additional days to prepare for the child-custody proceeding as provided in 25 U.S.C. 1912(a) and § 23.111; and (4) Up to 30 days after the Indian child's Tribe has received notice of that particular child-custody proceeding in accordance with 25 U.S.C. 1912(a) and § 23.111, if the Indian child's Tribe has requested up to 20 additional days to prepare for the child-custody proceeding. (c) Additional time beyond the minimum required by 25 U.S.C. 1912 and § 23.111 may also be available under State law or pursuant to extensions granted by the court. | (a) In an Indian child custody proceeding notice shall comply with subdivision (b) of this section. (b) Any notice sent under this section shall be sent to the minor's parent or legal guardian, Indian custodian, if any, and the Indian child's tribe and shall comply with all of the following requirements: (1) Notice shall be sent by registered or certified mail with return receipt requested. Additional notice by first-class mail is recommended, but not required. (2) Notice to the tribe shall be to the tribal chairperson, unless the tribe has designated another agent for service. (3) Notice shall be sent to all tribes of which the child may be a member or eligible for membership until the court makes a determination as to which tribe is the Indian child's tribe in accordance with subdivision (d) of Section 170, after which notice need only be sent to the tribe determined to be the Indian child's tribe. (4) Notice, to the extent required by federal law, shall be sent to the Secretary of the Interior's designated agent, the Sacramento Area Director, Bureau of Indian Affairs. If the identity or location of the Indian child's tribe is known, a copy of the notice shall also be sent directly to the Secretary of the Interior unless the Secretary of the Interior has waived that notice in writing and the person responsible for giving notice under this section has filed proof of the waiver with the court. (5) In addition to the information specified in other sections of this article, notice shall include all of the following information: (A) The name, birthdate, and birthplace of the Indian child, if known. (B) The name of any Indian tribe in which the child is a member or may be eligible for membership, if known. (C) All names known of the Indian child's biological parents, grandparents, and great-grandparents, or Indian custodians, including maiden, married, and former names or aliases, as well as their current and former addresses, birthdates, places of birth and death, tribal enrollment numbers, and any other identifying information, if known. (D) A copy of the petition by which the proceeding was initiated. (E) A copy of the child's birth certificate, if available. (F) The location, mailing address, and telephone number of the court and all parties notified pursuant to this section. (G) A statement of the following: (i) The absolute right of the child's parents, Indian custodians, and tribe to intervene in the proceeding. (ii) The right of the child's parents, Indian custodians, and tribe to petition the court to transfer the proceeding to the tribal court of the Indian child's tribe, absent objection by either parent and subject to declination by the tribal court. (iii) The right of the child's parents, Indian custodians, and tribe to, upon request, be granted up to an additional 20 days from the receipt of the notice to prepare for the proceeding. (iv) The potential legal consequences of the proceedings on the future custodial rights of the child's parents or Indian custodians. (v) That if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent the parents or Indian custodians pursuant to Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (vi) That the information contained in the notice, petition, pleading, and other court documents is confidential, so any person or entity notified shall maintain the confidentiality of the information contained in the notice concerning the particular proceeding and not reveal it to anyone who does not need the information in order to exercise the tribe's rights under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (c) Notice shall be sent whenever it is known or there is reason to know that an Indian child is involved, and for every hearing thereafter, including, but not limited to, the hearing at which a final adoption order is to be granted. After a tribe acknowledges that the child is a member or eligible for membership in that tribe, or after the Indian child's tribe intervenes in a proceeding, the information set out in subparagraphs (C), (D), (E), and (G) of paragraph (5) of subdivision (b) need not be included with the notice. (d) Proof of the notice, including copies of notices sent and all return receipts and responses received, shall be filed with the court in advance of the hearing except as permitted under subdivision (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. Nothing herein shall be construed as limiting the rights of the parent, Indian custodian, or tribe to 10 days' notice if a lengthier notice period is required under this code. (f) With respect to giving notice to Indian tribes, a party shall be subject to court sanctions if that person knowingly and willfully falsifies or conceals a material fact concerning whether the child is an Indian child, or counsels a party to do so. (g) The inclusion of contact information of any adult or child that would otherwise be required to be included in the notification pursuant to this section, shall not be required if that person is at risk of harm as a result of domestic violence, child abuse, sexual abuse, or stalking. Cal. Fam. Code § 180 (West) (a) If the court, a social worker, or probation officer knows or has reason to know, as described in subdivision (d) of Section 224.2, that an Indian child is involved, notice pursuant to Section 1912 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) shall be provided for hearings that may culminate in an order for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement, as described in paragraph (1) of subdivision (d) of Section 224.1. The notice shall be sent to the minor's parents or legal guardian, Indian custodian, if any, and the child's tribe. Copies of all notices sent shall be served on all parties to the dependency proceeding and their attorneys. Notice shall comply with all of the following requirements: (1) Notice shall be sent by registered or certified mail with return receipt requested. Additional notice by first-class mail is recommended, but not required. (2) Notice to the tribe shall be to the tribal chairperson, unless the tribe has designated another agent for service. (3) Notice of all Indian child custody hearings shall be sent by the party seeking placement of the child to all of the following: (A) All tribes of which the child may be a member or citizen, or eligible for membership or citizenship, unless either of the following occur: (i) A tribe has made a determination that the child is not a member or citizen, or eligible for membership or citizenship. (ii) The court makes a determination as to which tribe is the child's tribe in accordance with subdivision (e) of Section 224.1, after which notice need only be sent to the Indian child's tribe. (B) The child's parents. (C) The child's Indian custodian. (4) Notice, to the extent required by federal law, shall be sent to the Secretary of the Interior's designated agent. (5) In addition to the information specified in other sections of this article, notice shall include all of the following information: (A) The name, birth date, and birthplace of the Indian child, if known. (B) The name of the Indian tribe in which the child is a member, or may be eligible for membership, if known. (C) All names known of the Indian child's biological parents, grandparents, and great-grandparents, or Indian custodians, including maiden, married, and former names or aliases, as well as their current and former addresses, birth dates, places of birth and death, tribal enrollment information of other direct lineal ancestors of the child, and any other identifying information, if known. (D) A copy of the petition by which the proceeding was initiated. (E) A copy of the child's birth certificate, if available. (F) The location, mailing address, and telephone number of the court and all parties notified pursuant to this section. (G) The information regarding the time, date, and any location of any scheduled hearings. (H) A statement of all of the following: (i) The name of the petitioner and the name and address of the petitioner's attorney. (ii) The absolute right of the child's parents, Indian custodians, and tribe to intervene in the proceeding. (iii) The right of the child's parents, Indian custodians, and tribe to petition the court to transfer the proceeding to the tribal court of the Indian child's tribe, absent objection by either parent and subject to declination by the tribal court. (iv) The right of the child's parents, Indian custodians, and tribe to, upon request, be granted up to an additional 20 days from the receipt of the notice to prepare for the proceeding. (v) The potential legal consequences of the proceedings on the future custodial and parental rights of the child's parents or Indian custodians. (vi) That if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent the parents or Indian custodians pursuant to Section 1912 of the federal Indian Child Welfare Act of 1978. (vii) In accordance with Section 827, the information contained in the notice, petition, pleading, and other court documents is confidential. Any person or entity notified shall maintain the confidentiality of the information contained in the notice concerning the particular proceeding and not reveal that information to anyone who does not need the information in order to exercise the tribe's rights under the federal Indian Child Welfare Act of 1978. (b) Notice shall be sent whenever it is known or there is reason to know that an Indian child is involved, and for every hearing that may culminate in an order for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement, as described in paragraph (1) of subdivision (d) of Section 224.1, unless it is determined that the federal Indian Child Welfare Act of 1978 does not apply to the case in accordance with Section 224.2. After a tribe acknowledges that the child is a member of, or eligible for membership in, that tribe, or after a tribe intervenes in a proceeding, the information set out in subparagraphs (C), (D), (E), and (H) of paragraph (5) of subdivision (a) need not be included with the notice. (c) Proof of the notice, including copies of notices sent and all return receipts and responses received, shall be filed with the court in advance of the hearing, except as permitted under subdivision (d). (d) A proceeding shall not be held until at least 10 days after receipt of notice by the parent, Indian custodian, the tribe, or the Bureau of Indian Affairs, except for a hearing held pursuant to Section 319, provided that notice of the hearing held pursuant to Section 319 shall be given as soon as possible after the filing of the petition to declare the Indian child a dependent child. Notice to tribes of the hearing pursuant to Section 319 shall be consistent with the requirements for notice to parents set forth in Sections 290.1 and 290.2. With the exception of the hearing held pursuant to Section 319, the parent, Indian custodian, or tribe shall, upon request, be granted up to 20 additional days to prepare for that proceeding. This subdivision does not limit the rights of the parent, Indian custodian, or tribe to more than 10 days' notice when a lengthier notice period is required by law. (e) With respect to giving notice to Indian tribes, a party is subject to court sanctions if that person knowingly and willfully falsifies or conceals a material fact concerning whether the child is an Indian child, or counsels a party to do so. (f) The inclusion of contact information of any adult or child that would otherwise be required to be included in the notification pursuant to this section shall not be required if that person is at risk of harm as a result of domestic violence, child abuse, sexual abuse, or stalking. (g) For any hearing that does not meet the definition of an Indian child custody proceeding set forth in Section 224.1, or is not an emergency proceeding, notice to the child's parents, Indian custodian, and tribe shall be sent in accordance with Sections 292, 293, and 295. Cal. Welf. & Inst. Code § 224.3 (West) | (a) In any involuntary proceeding in a state court, where the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement of, or termination of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child's tribe, by registered mail with return receipt requested, of the pending proceedings and of their right of intervention. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, such notice shall be given, in like manner, to the Secretary in the case of an Indian child of a federally recognized Indian tribe or the Commissioner of Children and Families in the case of an Indian child of an Indian tribe recognized by the state of Connecticut, who shall have fifteen days after receipt of such notice to provide the requisite notice to the parent or Indian custodian and the tribe. (b) No foster care placement or termination of parental rights proceeding shall be held until at least ten days after receipt of the notice by the parent or Indian custodian and the tribe, the Secretary or the Commissioner of Children and Families, provided the parent, Indian custodian or the tribe shall, upon request, be granted up to twenty additional days to prepare for such proceeding. Conn. Gen. Stat. Ann. § P.A. 23-113, § 5 (West) | 4. In any involuntary child custody proceeding, including review hearings following an adjudication, the court shall establish in the record that the party seeking the foster care placement of, or termination of parental rights over, or the adoption of an Indian child has sent notice by registered mail, return receipt requested, to all of the following: a. The child's parents. b. The child's Indian custodians. c. Any tribe in which the child may be a member or eligible for membership. 5. If the identity or location of the child's parent, Indian custodian, or tribe cannot be determined, the notice under subsection 4 shall be provided to the secretary of the interior, who shall have fifteen days after receipt of the notice to provide the notice to the child's parent, Indian custodian, and tribe. A foster care placement or termination of parental rights proceeding involving the child shall not be held until at least ten days after receipt of notice by the child's parent, Indian custodian, and tribe, or the secretary of the interior. Upon request, the child's parent or Indian custodian or tribe shall be granted up to twenty additional days after receipt of the notice to prepare for the proceeding. 6. The court shall also establish in the record that a notice of any involuntary custody proceeding has been sent to the Indian child's tribe. The tribe may provide notice of the proceeding to any of the child's extended family members. 7. The notice in any involuntary child custody proceeding involving an Indian child shall be written in clear and understandable language and shall include all of the following information: a. The name and tribal affiliation of the Indian child. b. A copy of the petition by which the proceeding was initiated. c. A statement listing the rights of the child's parents, Indian custodians, and tribes and, if applicable, the rights of the Indian child's family. The rights shall include all of the following: (1) The right to intervene in the proceeding. (2) The right to petition the court to transfer the proceeding to the tribal court of the Indian child's tribe. (3) The right to be granted up to an additional twenty days from the receipt of the notice to prepare for the proceeding. (4) The right to request that the court grant further extensions of time. (5) In the case of an extended family member, the right to intervene and be considered as a preferred placement for the child. d. A statement of the potential legal consequences of an adjudication on the future custodial rights of the child's parents or Indian custodians. e. A statement that if the parents or Indian custodians are unable to afford counsel in an involuntary proceeding, counsel will be appointed to represent the parents or custodians. f. A statement that the court may appoint counsel for the child upon a finding that the appointment is in the best interest of the child. g. A statement that the information contained in the notice, petition, pleading, and other court documents is confidential. h. A statement that the child's tribe may provide notice of the proceeding to any of the child's extended family members along with copies of other related documents. 8. In a voluntary child custody proceeding involving an Indian child, including but not limited to a review hearing, the court shall establish in the record that the party seeking the foster care placement of, termination of parental rights to, or the permanent placement of, an Indian child has sent notice at least ten days prior to the hearing by registered mail, return receipt requested, to all of the following: a. The child's parents, except for a parent whose parental rights have been terminated. b. The child's Indian custodians, except for a custodian whose parental or Indian custodian rights have been terminated. c. Any tribe in which the child may be a member or eligible for membership. 9. The notice in a voluntary child custody proceeding involving an Indian child shall be written in clear and understandable language and shall include all of the following information: a. The name and tribal affiliation of the child. b. A copy of the petition by which the proceeding was initiated. c. A statement listing the rights of the child's parents, Indian custodians, Indian tribe or tribes, and, if applicable, extended family members. The rights shall include all of the following: (1) The right to intervene in the proceeding. (2) The right to petition the court to transfer a foster care placement or termination of parental rights proceeding to the tribal court of the Indian child's tribe. (3) In the case of extended family members, the right to intervene and be considered as a preferred placement for the child. d. A statement that the information contained in the notice, petition, pleading, and any other court document shall be kept confidential. e. A statement that the child's tribe may provide notice of the proceeding to any of the child's extended family members along with copies of other related documents. Iowa Code Ann. § 232B.5 (West) | This preliminary investigation shall include an inquiry as to whether there is reason to know that the child is an Indian child. INDIAN CHILD WELFARE ACT, 2018 La. Sess. Law Serv. Act 296 (H.B. 182) (WEST), Art. 612(2) D. At the commencement of the hearing, on the record, the court shall ask each person before the court whether he knows or has reason to know that the child is an Indian child. Each person before the court shall be instructed to inform the court if he subsequently discovers information indicating that the child is an Indian child. INDIAN CHILD WELFARE ACT, 2018 La. Sess. Law Serv. Act 296 (H.B. 182) (WEST), Art. 624 (D) | 2. Notice; time for commencement of proceedings; additional time for preparation. In any involuntary Indian child custody proceeding in which the District Court or Probate Court or a party to the proceeding knows or has reason to know that an Indian child is involved, the party seeking the adoptive placement, foster care placement, preadoptive placement or termination of parental rights of or to an Indian child shall notify the parent or Indian custodian and the Indian child's tribe of the pending proceedings and of their right of intervention. A. The notice in any involuntary Indian child custody proceeding involving an Indian child must be written in clear and understandable language and must conform with the requirements of 25 Code of Federal Regulations, Section 23.111(d). The District Court and Probate Court may create a form that complies with this paragraph. B. The notice must be sent by certified mail, return receipt requested. The notice to the Indian child's tribe must be sent by certified mail, return receipt requested, and via e-mail, at the mailing address and e-mail address on file with the United States Department of the Interior, Bureau of Indian Affairs. C. If the identity or location of the parent or Indian custodian and the Indian tribe cannot be determined, notice under this subsection must be given to the appropriate regional director of the United States Department of the Interior, Bureau of Indian Affairs in like manner. D. An original or a copy of each notice sent under this subsection must be filed with the court together with any return receipts or other proof of service. E. The first hearing in the proceeding may not be held until at least 10 days after receipt of the notice by the parent, Indian custodian and Indian tribe or the appropriate regional director of the United States Department of the Interior, Bureau of Indian Affairs. F. On the request of a parent, Indian custodian or Indian tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing. Me. Rev. Stat. tit. 22, § 3945 | MCLA 712B.9 (1)-(2) (1) In a child custody proceeding, if the court knows or has reason to know that an Indian child is involved, the petitioner shall notify the parent or Indian custodian and the Indian child's tribe, by registered mail with return receipt requested, of the pending child custody proceeding and of the right to intervene. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, notice shall be given to the secretary in the same manner described in this subsection. The secretary has 15 days after receipt of notice to provide the requisite notice to the parent or Indian custodian and the tribe. (2) No foster care placement or termination of parental rights proceeding shall be held until at least 10 days after receipt of notice by the parent or Indian custodian and the tribe or the secretary. The parent or Indian custodian or the tribe shall, upon request, be granted up to 20 additional days to prepare for the proceeding. If the petitioner or court later discovers that the child may be an Indian child, all further proceedings shall be suspended until notice is received by the tribe or the secretary as set forth in this subsection. If the court determines after a hearing that the parent or tribe was prejudiced by lack of notice, the prior decisions made by the court shall be vacated and the case shall proceed from the first hearing. The petitioner has the burden of proving lack of prejudice. | Subd. 2. Notice to Tribes of services or court proceedings involving an Indian child. (a) When a child-placing agency has information that a family assessment, investigation, or noncaregiver sex trafficking assessment being conducted may involve an Indian child, the child-placing agency shall notify the Indian child's Tribe of the family assessment, investigation, or noncaregiver sex trafficking assessment according to section 260E.18. The child-placing agency shall provide initial notice by telephone and by email or facsimile and shall include the child's full name and date of birth; the full names and dates of birth of the child's biological parents; and if known the full names and dates of birth of the child's grandparents and of the child's Indian custodian. If information regarding the child's grandparents or Indian custodian is not immediately available, the child-placing agency shall continue to request this information and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which the child may have any Tribal lineage. The child-placing agency shall request that the Tribe or a designated Tribal representative participate in evaluating the family circumstances, identifying family and Tribal community resources, and developing case plans. The child-placing agency shall continue to include the Tribe in service planning and updates as to the progress of the case. (b) When a child-placing agency has information that a child receiving services may be an Indian child, the child-placing agency shall notify the Tribe by telephone and by email or facsimile of the child's full name and date of birth, the full names and dates of birth of the child's biological parents, and, if known, the full names and dates of birth of the child's grandparents and of the child's Indian custodian. This notification must be provided for the Tribe to determine if the child is a member or eligible for Tribal membership, and the agency must provide this notification to the Tribe within seven days of receiving information that the child may be an Indian child. If information regarding the child's grandparents or Indian custodian is not available within the seven-day period, the child-placing agency shall continue to request this information and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which the child may have any Tribal lineage. (c) In all child placement proceedings, when a court has reason to believe that a child placed in emergency protective care is an Indian child, the court administrator or a designee shall, as soon as possible and before a hearing takes place, notify the Tribal social services agency by telephone and by email or facsimile of the date, time, and location of the emergency protective care or other initial hearing. The court shall make efforts to allow appearances by telephone or video conference for Tribal representatives, parents, and Indian custodians. (d) The child-placing agency or individual petitioner shall effect service of any petition governed by sections 260.751 to 260.835 by certified mail or registered mail, return receipt requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least 10 days before the admit-deny hearing is held. If the identity or location of the Indian child's parents or Indian custodian and Tribe cannot be determined, the child-placing agency shall provide the notice required in this paragraph to the United States Secretary of the Interior, Bureau of Indian Affairs by certified mail, return receipt requested. (e) A Tribe, the Indian child's parents, or the Indian custodian may request up to 20 additional days to prepare for the admit-deny hearing. The court shall allow appearances by telephone, video conference, or other electronic medium for Tribal representatives, the Indian child's parents, or the Indian custodian. (f) A child-placing agency or individual petitioner must provide the notices required under this subdivision at the earliest possible time to facilitate involvement of the Indian child's Tribe. Nothing in this subdivision is intended to hinder the ability of the child-placing agency, individual petitioner, and the court to respond to an emergency situation. Lack of participation by a Tribe shall not prevent the Tribe from intervening in services and proceedings at a later date. A Tribe may participate in a case at any time. At any stage of the child-placing agency's involvement with an Indian child, the agency shall provide full cooperation to the Tribal social services agency, including disclosure of all data concerning the Indian child. Nothing in this subdivision relieves the child-placing agency of satisfying the notice requirements in state or federal law. Subd. 3. Notice of potential preadoptive or adoptive placement. In any adoptive or preadoptive placement proceeding, including voluntary proceedings, where any party or participant has reason to believe that a child who is the subject of an adoptive or preadoptive placement proceeding is or may be an “Indian child,” as defined in section 260.755, subdivision 8, and United States Code, title 25, section 1903(4), the child-placing agency or individual petitioner shall notify the Indian child's Tribe by registered mail or certified mail with return receipt requested of the pending proceeding and of the right of intervention under subdivision 6. If the identity or location of the child's Tribe cannot be determined, the notice must be given to the United States Secretary of Interior in like manner. No preadoptive or adoptive placement proceeding may be held until at least 20 days after receipt of the notice by the Tribe or the secretary. Upon request, the Tribe must be granted up to 20 additional days to prepare for the proceeding. The child-placing agency or individual petitioner shall include in the notice the identity of the birth parents and child absent written objection by the birth parents. The child-placing agency shall inform the birth parents of the Indian child of any services available to the Indian child through the child's Tribal social services agency, including child placement services, and shall additionally provide the birth parents of the Indian child with all information sent from the Tribal social services agency in response to the notice. Minn. Stat. Ann. § 260.761 (West) Subd. 5. Proof of service of notice upon Tribe or secretary. In cases where a child-placing agency or party to an adoptive placement knows or has reason to believe that a child is or may be an Indian child, proof of service upon the child's Tribe or the secretary of interior must be filed with the adoption petition. Minn. Stat. Ann. § 260.761 (West) Subd. 2. Court determination of Tribal affiliation of child. In any child placement proceeding, the court shall establish whether an Indian child is involved and the identity of the Indian child's Tribe. Sections 260.751 to 260.835 and the federal Indian Child Welfare Act are applicable without exception in any child placement proceeding involving an Indian child. Sections 260.751 to 260.835 apply to child placement proceedings involving an Indian child whether the child is in the physical or legal custody of an Indian parent or parents, Indian custodian, Indian extended family member, or other person at the commencement of the proceedings. A court shall not determine the applicability of sections 260.751 to 260.835 or the federal Indian Child Welfare Act to a child placement proceeding based upon whether an Indian child is part of an existing Indian family or based upon the level of contact a child has with the child's Indian Tribe, reservation, society, or off-reservation community. Minn. Stat. Ann. § 260.771 (West) | Section 7. Notice. (1) The petitioning party shall provide notice of the initial petition filed in an involuntary child custody proceeding and a petition seeking termination of parental rights when the petitioning party knows or has reason to know that the child is or may be an Indian child. Notice must be provided as required in subsection (2) to: (a) the Indian child's parent or Indian custodian; and (b) the child's tribe or tribes. (2)(a) Notice to the tribe must be made by certified mail, return receipt requested, and must meet the requirements of subsection (4). The notice must be sent to the person designated in the most current Federal Register as the designated tribal agent for service of notice for the purposes of the federal Indian Child Welfare Act. The petitioning party shall file the return receipt with the court as proof of notice. (b) Notice to the parent or Indian custodian must be made by personal service, or alternative means as provided in 41–3–422 if personal service cannot be accomplished, and must meet the requirements of subsection (4). (c) If the identity or location of the parent or Indian custodian and the tribe cannot be determined, the notice must be given to the secretary of the U.S. department of the interior by certified mail, return receipt requested, in accordance with the provisions of 25 CFR, part 23. (d) Service of all other petitions, other than the initial petition and a petition for termination of parental rights, must be served on the tribe by first-class mail unless otherwise directed by the tribe's designated agent for notice. (e) When notice of the initial petition and a petition for termination of parental rights to the parent or Indian custodian is required under this subsection (2), personal service, and alternative means of personal service when personal service cannot be accomplished, as provided in 41–3–422, takes the place of certified mail with return receipt requested. (3) A foster care placement or a termination of parental rights proceeding may not be held until at least 10 days after receipt of the notice by the parent or Indian custodian, the tribe, and, if applicable, the secretary. The parent, Indian custodian, or tribe shall, on request, be granted up to 20 additional days to prepare for the proceeding. The 10–day notice requirement does not limit a court's ability to hold an emergency protective services hearing pursuant to 41–3–306. (4) Notice provided under this section must be in clear and understandable language and include the following: (a) the child's name, date of birth, and place of birth; (b) all known names of the child's parents, including maiden, married, and former names or aliases; (c) the parents' dates of birth, places of birth, and tribal enrollment numbers, if known; (d) the names, dates of birth, places of birth, and tribal enrollment information of other direct lineal ancestors of the child, if known; (e) the name of each Indian tribe in which the child is a member or may be eligible for membership if a biological parent is a member; and (f) a copy of the petition, complaint, or other document by which the child custody proceeding was initiated and, if a hearing has been scheduled, information on the date, time, and location of the hearing. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1505(1) Foster Care Placement; Termination of Parental Rights In any involuntary proceeding in a state court, when the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement of, or termination of parental rights to, an Indian child shall send a notice conforming to the requirements of 25 C.F.R. 23.11 to the parents, the Indian custodian, and the Indian child's tribe or tribes, by registered mail with return receipt requested, of the pending proceedings and of their right of intervention. If the identity or location of the parent or Indian custodian and the tribe or tribes cannot be determined, such notice shall be given to the secretary in like manner, who may provide the requisite notice to the parent or Indian custodian and the tribe or tribes. No foster care placement or termination of parental rights proceedings shall be held until at least ten days after receipt of notice by the parent or Indian custodian and the tribe or tribes or the secretary. The parent or Indian custodian or the tribe or tribes shall, upon request, be granted up to twenty additional days to prepare for such proceeding. (1) Notice of an involuntary proceeding in state court involving an Indian child shall conform with the requirements of 25 C.F.R. 23.11 and shall contain the following additional information, to the extent it is known, and if this additional information is unknown, a statement indicating what attempts have been made to locate the information: (a) The name and last-known address of the Indian child; (b) The name and address of the Indian child's parents, paternal and maternal grandparents, and Indian custodians, if any; (c) The tribal affiliation of the parents of the Indian child or, if applicable, the Indian custodians; (d) A statement as to whether the Indian child's residence or domicile is on the tribe's reservation; (e) An identification of any tribal court order affecting the custody of the Indian child to which a state court may be required to accord full faith and credit; and (f) A copy of the motion for foster care placement of the Indian child and any accompanying affidavits in support thereof if such documents exist. (2) A copy of the notice of an involuntary proceeding in state court involving an Indian child, as described in subsection (1) of this section, shall be filed with the court within three days after issuance. Neb. Rev. Stat. Ann. § 43-1505.01 (West) (2) When the department or the state offers the parent, Indian child, or Indian custodian services through a voluntary foster care placement or in-home services and the department or the state knows or has reason to know that an Indian child is involved, the department or the state shall notify the parent or Indian custodian and the Indian child's tribe or tribes, by telephone call, facsimile transmission, email, or registered mail with return receipt requested, of the provision of services and any pending child custody proceeding. If the identity or location of the parent or Indian custodian and the tribe or tribes cannot be determined, such notice shall be given to the secretary and the appropriate area director listed in 25 C.F.R. 23.11 in like manner who may provide the requisite notice to the parent or Indian custodian and the tribe or tribes. Notice shall be provided within five days after the initiation of voluntary services. Neb. Rev. Stat. Ann. § 43-1506 (West) | 2. Except as provided in subsection 1, if there is reason to know that a child in a child custody proceeding who is alleged to be within the court's jurisdiction is an Indian child and notice is required, the party providing notice shall: (a) Promptly send notice of the proceeding as described in subsection 3; and (b) File a copy of each notice sent pursuant to this section with the court, together with any return receipts or other proof of service. 3. Notice under subsection 2 must be: (a) Sent to: (1) Each tribe of which the child may be a member or of which the Indian child may be eligible for membership; or (2) The appropriate Regional Director of the United States Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the identity or location of the child's tribe cannot be ascertained. (b) Sent by registered or certified mail, return receipt requested. (c) In clear and understandable language and include the following: (1) The child's name, date of birth and, if known, place of birth; (2) To the extent known: (I) All names, including maiden, married and former names or aliases, of the child's parents, the places of birth of the child's parents' and tribal enrollment numbers; and (II) The names, dates of birth, places of birth and tribal enrollment information of other direct lineal ancestors of the child; (3) The name of each Indian tribe of which the child is a member or in which the Indian child may be eligible for membership; (4) If notice is required to be sent to the appropriate Regional Director of the United States Bureau of Indian Affairs under subparagraph (2) of paragraph (a), to the extent known, information regarding the child's direct lineal ancestors, an ancestral chart for each biological parent, and the child's tribal affiliations and blood quantum; (5) In a child custody proceeding, a copy of the petition or motion initiating the proceeding and, if a hearing has been scheduled, information on the date, time and location of the hearing; (6) The name of the petitioner and the name and address of the attorney of the petitioner; (7) A statement that the child's parent or Indian custodian has the right to participate in the proceeding as a party to the proceeding; (8) A statement that the child's tribe has the right to participate in the proceeding as a party or in an advisory capacity; (9) A statement that if the court determines that the child's parent or Indian custodian is unable to afford counsel, the parent or Indian custodian has the right to court-appointed counsel; (10) A statement that the child's parent, Indian custodian or tribe has the right, upon request, to up to 20 additional days to prepare for the proceeding; (11) A statement that the child's parent, Indian custodian or tribe has the right to petition the court to transfer the child custody proceeding to the tribal court; (12) A statement describing the potential legal consequences of the proceeding on the future parental and custodial rights of the parent or Indian custodian; (13) The mailing addresses and telephone numbers of the court and contact information for all parties to the proceeding; and (14) A statement that the information contained in the notice is confidential and that the notice should not be shared with any person not needing the information to exercise rights under sections 2 to 38, inclusive, of this act. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session 5. If a child is known to be an Indian child, a hearing may not be held until at least 10 days after the receipt of the notice by the Indian child's tribe or, if applicable, the United States Bureau of Indian Affairs. Upon request, the court shall grant the Indian child's parent, Indian custodian or tribe up to 20 additional days from the date upon which notice was received by the tribe to prepare for participation in the hearing. Nothing in this subsection prevents a court at an emergency proceeding before the expiration of the waiting period described in this subsection from reviewing the removal of an Indian child from the Indian child's parent or Indian custodian to determine whether the removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | A. In a child custody proceeding when the court knows or has reason to know that an Indian child is involved, the department shall notify the parent, guardian or Indian custodian and the Indian child's tribe, by certified mail with return receipt requested, of: (1) the pending proceedings; (2) the right of the Indian child's parent, guardian, Indian custodian and Indian child's tribe to: (a) intervention; and (b) petition the court to transfer the proceeding to the tribal court; (3) the right of the Indian child's parent, guardian or Indian custodian to court-appointed counsel if the court determines that person is unable to afford counsel; and (4) the right of the Indian child's tribe to participate in the child custody proceeding whether or not the Indian child's tribe intervenes. B. In the event that the department attempts to enter into discussion with an Indian tribe and the tribe does not respond within the time frame provided for in the Indian Family Protection Act, the department may proceed; provided that the absence of a tribal response does not: (1) eliminate other requirements of future communication and work with the Indian tribe concerning the child; or (2) affect the Indian tribe's ability to respond to an action that has not yet been taken. N.M. Stat. Ann. § 32A-28-5 (West) D. If the identity or location of the parent, guardian or Indian custodian and the Indian tribe cannot be determined, a notice shall be given to the secretary in the same manner as provided in Subsection A of this section. The secretary shall have fifteen days after receipt of the notice to provide the same notice to the parent, guardian or Indian custodian and the Indian tribe. E. A foster care placement or termination of parental rights proceeding shall not be held until at least ten days after receipt of notice by the parent, guardian or Indian custodian and the Indian tribe or the secretary pursuant to this section; provided that the parent, guardian or Indian custodian or the Indian tribe shall, upon request, be granted up to twenty additional days to prepare for that proceeding. F. Nothing in this section prevents a court from reviewing a removal of an Indian child from the child's parent, guardian or Indian custodian at an emergency custody proceeding before the expiration of the waiting periods provided in Subsections D and E of this section to determine the appropriateness of the removal and potential return of the child. N.M. Stat. Ann. § 32A-28-13 (West) | 1. In a proceeding involving the foster care or nonfoster care placement of or termination of parental rights to an Indian child whom the court knows or has reason to know may be an Indian child, the party seeking the foster care or nonfoster care placement or termination of parental rights, for the first hearing of the proceeding, shall notify the Indian child's parent, Indian custodian, and tribe, by registered mail, return receipt requested, of the pending proceeding and of the parties' right to intervene in the proceeding and shall file the return receipt with the court. Notice of subsequent hearings in a proceeding must be in writing and may be given by mail, personal delivery, facsimile transmission, or electronic mail. If the identity or location of the Indian child's parent, Indian custodian, or tribe cannot be determined, that notice shall be given to the United States secretary of the interior in like manner. The first hearing in the proceeding may not be held until at least ten days after receipt of the notice by the parent, Indian custodian, and tribe or until at least fifteen days after receipt of the notice by the United States secretary of the interior. On request of the parent, Indian custodian, or tribe, the court shall grant a continuance of up to twenty additional days to enable the requester to prepare for that hearing. N.D. Cent. Code Ann. § 27-19.1-03 (West) | 10 Okl. St. Ann. §40.4 A. In all Indian child custody proceedings of the Oklahoma Indian Child Welfare Act, including voluntary court proceedings and review hearings, the court shall ensure that the district attorney or other person initiating the proceeding shall send notice to the parents or to the Indian custodians, if any, and to the tribe that is or may be the tribe of the Indian child, and to the appropriate Bureau of Indian Affairs area office, by certified mail return receipt requested, except as provided by subsection B of this section. The notice shall be written in clear and understandable language and include the following information: 1. The name and tribal affiliation of the Indian child; 2. A copy of the petition by which the proceeding was initiated; 3. A statement of the rights of the biological parents or Indian custodians, and the Indian tribe: a. to intervene in the proceeding, b. to petition the court to transfer the proceeding to the tribal court of the Indian child, and c. to request an additional twenty (20) days from receipt of notice to prepare for the proceeding; further extensions of time may be granted with court approval; 4. A statement of the potential legal consequences of an adjudication on the future custodial rights of the parents or Indian custodians; 5. A statement that if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent them; and 6. A statement that tribal officials should keep confidential the information contained in the notice. B. Notice of review hearings shall be sent, via regular first-class mail, to the tribe of the Indian child unless the tribe is present at the time the review hearing is set and consents to the date of the review. A tribe's right to notice under this section is not dependent on intervention into the case. The notice shall be evidenced by filing a certificate of mailing prior to the review hearing. | SECTION 16. Emergency notification; formal notice. (1)(a) In an emergency proceeding, if there is reason to know that a child is an Indian child and the nature of the emergency allows, the Department of Human Services must notify by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the child is or may be a member. (b) Notification under this subsection must include the basis for the child’s removal, the time, date and place of the initial hearing and a statement that the tribe, as a party to the proceeding under ORS 419B.875, has the right to participate in the proceeding. (2) Except as provided in subsection (1) of this section, if there is reason to know a child in a proceeding under ORS chapter 419B is an Indian child and notice is required, the party providing notice must: (a) Promptly send notice of the proceeding as described in subsection (3) of this section; and (b) File an original or a copy of each notice sent under this section with the court, together with any return receipts or other proof of service. (3) Notice under subsection (2) of this section must: (a) Be sent to: (A) Each tribe of which the child may be a member or of which the Indian child may be eligible for membership; (B) The child’s parents; (C) The child’s Indian custodian, if applicable; and (D) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child’s parents, Indian custodian or tribe cannot be ascertained. (b) Be sent by registered or certified mail, return receipt requested. (c) Be in clear and understandable language and include the following: (A) The child’s name, date of birth and place of birth; (B) To the extent known, all names, including maiden, married and former names or aliases, of the child’s parents, the parents’ birthplaces and tribal enrollment numbers; (C) To the extent known, the names, dates of birth, places of birth and tribal enrollment information of other direct lineal ancestors of the child; (D) The name of each Indian tribe in which the child is a member or of which the Indian child may be eligible for membership; (E) If notice is required to be sent to the United States Bureau of Indian Affairs under paragraph (a) of this subsection, to the extent known, information regarding the child’s direct lineal ancestors, an ancestral chart for each biological parent, and the child’s tribal affiliations and blood quantum; (F) A copy of the petition initiating the proceeding and, if a hearing has been scheduled, information on the date, time and location of the hearing; (G) The name of the petitioner and the name and address of the petitioner’s attorney; (H) A statement that the child’s parent or Indian custodian, as a party to the proceeding under ORS 419B.875, has the right to participate in the proceeding; (I) A statement that the child’s tribe, as a party to the proceeding under ORS 419B.875, has the right to participate in the proceeding; (J) A statement that if the court determines that the child’s parent or Indian custodian is unable to afford counsel, the parent or Indian custodian has the right to court-appointed counsel; (K) A statement that the child’s parent, Indian custodian or tribe has the right, upon request, to up to 20 additional days to prepare for the proceeding; (L) A statement that the child’s parent, Indian custodian or tribe has the right to petition the court to transfer the proceeding to the tribal court; (M) A statement describing the potential legal consequences of the proceeding on the fu- ture parental and custodial rights of the parent or Indian custodian; (N) The mailing addresses and telephone numbers of the court and contact information for all parties to the proceeding and individuals notified under this section; and (O) A statement that the information contained in the notice is confidential and that the notice should not be shared with any person not needing the information to exercise rights under sections 1 to 23 of this 2020 special session Act. (4) If there is a reason to know that the Indian child’s parent or Indian custodian has lim- ited English proficiency and may not understand the contents of the notice under subsection (2) of this section, the court must provide language access services as required by Title VI of the Civil Rights Act of 1964 and other applicable federal and state laws. If the court is unable to secure translation or interpretation support, the court shall contact or direct a party to contact the Indian child’s tribe or the local office of the United States Bureau of Indian Affairs for assistance identifying a qualified translator or interpreter. (5)(a) No hearing requiring notice under subsection (2) of this section may be held until at least 10 days after the later of receipt of the notice by the Indian child’s parent, Indian custodian or tribe or, if applicable, the United States Bureau of Indian Affairs. Upon request, the court shall grant the Indian child’s parent, Indian custodian or tribe up to 20 additional days from the date upon which notice was received by the parent, Indian custodian or tribe to prepare for participation in the hearing. (b) Nothing in this subsection prevents a court from reviewing a removal of an Indian child from the Indian child’s parent or Indian custodian at an emergency proceeding before the expiration of the waiting period described in paragraph (a) of this subsection to determine the appropriateness of the removal and potential return of the child. | RCWA 13.38.070(1) In any involuntary child custody proceeding seeking the foster care placement of, or the termination of parental rights to, a child in which the petitioning party or the court knows, or has reason to know, that the child is or may be an Indian child as defined in this chapter, the petitioning party shall notify the parent or Indian custodian and the Indian child's tribe or tribes, by certified mail, return receipt requested, and by use of a mandatory Indian child welfare act notice addressed to the tribal agent designated by the Indian child's tribe or tribes for receipt of Indian child welfare act notice, as published by the bureau of Indian affairs in the federal register. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, such notice shall be given to the secretary of the interior by registered mail, return receipt requested, in accordance with the regulations of the bureau of Indian affairs. The secretary of the interior has fifteen days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. No foster care placement or termination of parental rights proceeding shall be held until at least ten days after receipt of notice by the parent or Indian custodian and the tribe. The parent or Indian custodian or the tribe shall, upon request, be granted up to twenty additional days to prepare for the proceeding. (2) The determination of the Indian status of a child shall be made as soon as practicable in order to serve the best interests of the Indian child and protect the interests of the child's tribe. (3)(a) A written determination by an Indian tribe that a child is a member of or eligible for membership in that tribe, or testimony by the tribe attesting to such status shall be conclusive that the child is an Indian child; (b) A written determination by an Indian tribe that a child is not a member of or eligible for membership in that tribe, or testimony by the tribe attesting to such status shall be conclusive that the child is not a member or eligible for membership in that tribe. Such determinations are presumptively those of the tribe where submitted in the form of a tribal resolution, or signed by or testified to by the person(s) authorized by the tribe's governing body to speak for the tribe, or by the tribe's agent designated to receive notice under the federal Indian child welfare act where such designation is published in the federal register; (c) Where a tribe provides no response to notice under RCW 13.38.070, such nonresponse shall not constitute evidence that the child is not a member or eligible for membership. Provided, however, that under such circumstances the party asserting application of the federal Indian child welfare act, or this chapter, will have the burden of proving by a preponderance of the evidence that the child is an Indian child. (4)(a) Where a child has been determined not to be an Indian child, any party to the proceeding, or an Indian tribe that subsequently determines the child is a member, may, during the pendency of any child custody proceeding to which this chapter or the federal Indian child welfare act applies, move the court for redetermination of the child's Indian status based upon new evidence, redetermination by the child's tribe, or newly conferred federal recognition of the tribe. (b) This subsection (4) does not affect the rights afforded under 25 U.S.C. Sec. 1914. Wash. Rev. Code Ann. § 13.38.070 (West) | 48.028(4)(a) Notice. In any involuntary proceeding involving the out‐of‐home care placement of, termination of parental rights to, or delegation of powers, as described in sub. (2) (d) 5., regarding, a child whom the court knows or has reason to know is an Indian child, the party seeking the out‐of‐home care placement, termination of parental rights, or delegation of powers shall, for the first hearing of the proceeding, notify the Indian child's parent, Indian custodian, and tribe, by registered mail, return receipt requested, of the pending proceeding and of their right to intervene in the proceeding and shall file the return receipt with the court. Notice of subsequent hearings in a proceeding shall be in writing and may be given by mail, personal delivery, or facsimile transmission, but not by electronic mail. If the identity or location of the Indian child's parent, Indian custodian, or tribe cannot be determined, that notice shall be given to the U.S. secretary of the interior in like manner. The first hearing in the proceeding may not be held until at least 10 days a er receipt of the notice by the parent, Indian custodian, and tribe or until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the parent, Indian custodian, or tribe, the court shall grant a con nuance of up to 20 additional days to enable the requester to prepare for that hearing. | (a) In any involuntary proceeding in a state court where the court knows or has reason to know that an Indian child is involved, the party seeking the shelter care placement of, or termination of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child's tribe, by registered mail with return receipt requested, of the pending proceedings and of their right to intervention under this act. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, notice shall be given to the United States secretary of the interior. No shelter care placement or termination of parental rights proceeding shall be held until at least ten (10) days after receipt of the notice by the parent or Indian custodian and the tribe or the secretary of the interior. A parent, Indian custodian or the tribe shall, upon request to the state court, be granted not more than twenty (20) additional days to prepare for a shelter care placement or parental rights termination proceeding. | |||||||||||||
48 | Unknown/Putative Father Requirements | Subd. 4. Unknown father. If the child-placing agency, individual petitioner, the court, or any party has reason to believe that a child who is the subject of a child placement proceeding is or may be an Indian child but the father of the child is unknown and has not registered with the fathers' adoption registry pursuant to section 259.52, the child-placing agency or individual petitioner shall provide to the Tribe believed to be the Indian child's Tribe information sufficient to enable the Tribe to determine the child's eligibility for membership in the Tribe, including, but not limited to, the legal and maiden name of the birth mother, her date of birth, the names and dates of birth of her parents and grandparents, and, if available, information pertaining to the possible identity, Tribal affiliation, or location of the birth father. Minn. Stat. Ann. § 260.761 (West) | (1) A man's parentage of an Indian child is acknowledged or established for purposes of 109.266 to 109.410 and 419B.600 to 419B.654 and ORS chapter 419B if the man's parentage has been: (a) Established under ORS 109.065; (b) Established under tribal law; (c) Recognized in accordance with tribal custom; or (d) Subject to subsection (2) of this section, acknowledged orally or in writing by the man to the court, to the Department of Human Services or to an Oregon licensed adoption agency. (2)(a) If a man acknowledges paternity of an Indian child as provided in subsection (1)(d) of this section, the department or the adoption agency must notify the court of the man's acknowledgement immediately or, if a matter is not yet pending in this state, immediately upon filing a petition or being served with a copy of a petition alleging that the child is within the jurisdiction of the court under ORS 109.276 or 419B.100. (b) No later than 30 days after receiving the man's oral or written acknowledgment under subsection (1)(d) of this section or receiving notice under paragraph (a) of this subsection of the man's acknowledgment, the court shall order blood tests, subject to the provisions of ORS 109.252. (c) If any person fails to comply with the court's order for blood tests within a reasonable amount of time, the court shall consider the person to have refused to submit to the test for the purposes of ORS 109.252. (d) If the blood tests ordered under paragraph (b) of this subsection do not confirm the man's paternity as provided in ORS 109.258, or if the man has refused to consent to the blood tests, the man's parentage has not been acknowledged or established for purposes of subsection (1) of this section. Or. Rev. Stat. Ann. § 419B.609 (West) | ||||||||||||||||||||||||||||||
49 | 1912(b) Appointment of Counsel | §1912(b) Appointment of counsel In any case in which the court determines indigency, the parent or Indian custodian shall have the right to court-appointed counsel in any removal, placement, or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that such appointment is in the best interest of the child. Where State law makes no provision for appointment of counsel in such proceedings, the court shall promptly notify the Secretary upon appointment of counsel, and the Secretary, upon certification of the presiding judge, shall pay reasonable fees and expenses out of funds which may be appropriated pursuant to section 13 of this title. | In any child custody proceeding in which the state court determines indigency, the parent or Indian custodian shall have the right to court-appointed counsel in any removal, placement or termination proceeding. The court may, in its discretion, appoint counsel for the Indian child upon a finding that such appointment is in the best interest of the child. Conn. Gen. Stat. Ann. § P.A. 23-113, § 6 (West) | ICA 232B.5(16) In any proceeding in which the court determines indigency of the Indian child's parent or Indian custodian, the parent or Indian custodian shall have the right to court-appointed counsel in any removal, placement, or termination of parental rights. The child shall also have the right to court-appointed counsel in any removal, placement, termination of parental rights, or other permanency proceedings. | 3. Appointment of counsel. Parents and Indian custodians are entitled to legal counsel in any Indian child custody proceeding or emergency proceeding. A parent or Indian custodian may request the court to appoint legal counsel for them. The District Court or Probate Court, upon a finding that the parent or Indian custodian is indigent, shall appoint and pay the reasonable costs and expenses of their legal counsel. The court may, in its discretion, appoint counsel for the Indian child upon a finding that such appointment is in the best interest of the Indian child. Me. Rev. Stat. tit. 22, § 3945 | 712B.21 Appointment of counsel. Sec. 21. (1) In a case in which the court determines indigency, the parent or Indian custodian has the right to court-appointed counsel in a removal, placement, or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that the appointment is in the best interest of the child. If state law makes no provision for appointment of counsel in those proceedings, the court shall promptly notify the secretary upon appointment of counsel. (2) If state law does not require the appointment of a lawyer-guardian ad litem for the child, the court may, in its discretion, appoint a lawyer-guardian ad litem for the child upon a finding that the appointment is in the best interest of the child. | Subd. 2b. Appointment of counsel. (a) In any state court child placement proceeding, the parent or parents or Indian custodian shall have the right to be represented by an attorney. If the parent or parents or Indian custodian cannot afford an attorney and meet the requirements of section 611.17, an attorney will be appointed to represent them. (b) In any state court child placement proceeding, any child ten years of age or older shall have the right to court-appointed counsel. Minn. Stat. Ann. § 260.771 (West) | Section 9. Right to counsel. In a child custody proceeding under [sections 1 through 18] in which the court determines that the Indian child's parent or Indian custodian is indigent, the parent or Indian custodian has the right to court-appointed counsel. The court may, in its discretion, appoint counsel for the Indian child pursuant to 41–3–425. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1505(2) In any case in which the court determines indigency, the parent or Indian custodian shall have the right to court-appointed counsel in any removal, placement, or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that such appointment is in the best interests of the Indian child. When state law makes no provision for appointment of counsel in such proceedings, the court shall promptly notify the secretary upon appointment of counsel and request from the secretary, upon certification of the presiding judge, payment of reasonable attorney's fees out of funds which may be appropriated. | Sec. 35. 1. If a child in a child custody proceeding is an Indian child: (a) The court shall appoint counsel to represent the Indian child. (b) If the Indian child's parent or Indian custodian requests counsel to represent the parent or Indian custodian but is without sufficient financial means to employ suitable counsel possessing skills and experience commensurate with the nature of the petition and the complexity of the case, the court shall appoint suitable counsel to represent the Indian child's parent or Indian custodian if the parent or Indian custodian is determined to be financially eligible for the appointment of such counsel. 2. Except as otherwise provided in this subsection, upon presentation of the order of appointment under this section by the attorney for the Indian child, any agency, hospital, school organization, division or department of this State, doctor, nurse or other health care provider, psychologist, psychiatrist, law enforcement agency or mental health clinic shall permit the attorney for the Indian child to inspect and copy any records of the Indian child involved in the case, without the consent of the Indian child or the Indian child's parent or Indian custodian. This subsection does not apply to records of a law enforcement agency relating to an ongoing investigation before bringing charges. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | SECTION 20. Right to counsel. (1) If there is reason to know that a child in a proceeding un- der ORS chapter 419B is an Indian child: (a) The court shall appoint counsel to represent the Indian child. (b) If the Indian child’s parent or Indian custodian requests counsel to represent the parent or Indian custodian but is without sufficient financial means to employ suitable counsel possessing skills and experience commensurate with the nature of the petition and the complexity of the case, the court shall appoint suitable counsel to represent the Indian child’s parent or Indian custodian if the parent or Indian custodian is determined to be financially eligible under the policies, procedures, standards and guidelines of the Public Defense Services Commission. (2) Upon presentation of the order of appointment under this section by the attorney for the Indian child, any agency, hospital, school organization, division or department of the state, doctor, nurse or other health care pro- vider, psychologist, psychiatrist, police department or mental health clinic shall permit the attorney for the Indian child to inspect and copy any records of the Indian child involved in the case, without the consent of the Indian child or the Indian child’s parent or Indian custodian. This subsection does not apply to records of a police agency relating to an ongoing investigation prior to bringing charges. | RCWA 13.38.110 In any child custody proceeding under this chapter in which the court determines the Indian child's parent or Indian custodian is indigent, the parent or Indian custodian shall have the right to court-appointed counsel. The court may, in its discretion, appoint counsel for the Indian child upon a finding that the appointment is in the best interests of the Indian child. | 48.028(4)(b) Appointment of counsel. Whenever an Indian child is the subject of a proceeding involving the removal of the Indian child from the home of his or her parent or Indian custodian, placement of the Indian child in an out‐of‐home care placement, or termination of parental rights to the Indian child, the Indian child's parent or Indian custodian shall have the right to be represented by court‐appointed counsel as provided in s. 48.23 (2g). The court may also, in its discretion, appoint counsel for the Indian child under s. 48.23 (1m) or (3) if the court finds that the appointment is in the best interests of the Indian child. | (b) In any case in which a state court determines indigency, the parent or Indian custodian shall have the right to court-appointed counsel in any shelter care placement or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that the appointment is in the child's best interests. Wyo. Stat. Ann. § 14-6-704 (West) | |||||||||||||||||||
50 | 1912(c) Examination of Reports | §1912(c) Each party to a foster care placement or termination of parental rights proceeding under State law involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to such action may be based. | 23.134 Each party to an emergency proceeding or a foster-care-placement or termination-of-parental-rights proceeding under State law involving an Indian child has a right to timely examine all reports and other documents filed or lodged with the court upon which any decision with respect to such action may be based. | A state court shall disclose all reports or other documents filed with the court upon which any decision may be based with respect to a foster care placement or termination of parental rights proceeding under state law involving an Indian child upon request of any party to such proceeding. Records and documents in such proceeding shall be otherwise confidential and nondisclosable to the public except as may otherwise be provided by law. Conn. Gen. Stat. Ann. § P.A. 23-113, § 7 (West) | ICA 232B.5(17) Each party to a foster care placement or termination of parental rights proceeding involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to the proceeding may be based. | 4. Examination of reports or other documents. Each party to a foster care placement or termination of parental rights proceeding under state law involving an Indian child has the right to examine all reports or other documents filed with the court upon which any decision with respect to the proceeding may be based. Me. Rev. Stat. tit. 22, § 3945 | MCLA 712B.11 Each party to a foster care or termination of parental rights proceeding involving an Indian child has a right to examine all reports or other documents filed with the court upon which any decision with respect to that proceeding may be based. | Subd. 6a. Indian Tribe's access to files. At any stage of the child-placing agency's involvement with an Indian child, the child-placing agency shall, upon request, give the Tribal social services agency full cooperation including access to all files concerning the Indian child. If the files contain confidential or private data, the child-placing agency may require execution of an agreement with the Tribal social services agency to maintain the data according to statutory provisions applicable to the data. Minn. Stat. Ann. § 260.761 (West) Subd. 2c. Examination of reports or other documents. Each party to a proceeding under this section involving an Indian child shall have the right to examine all the reports or other documents filed with the court upon which any decision with respect to the action may be based. Minn. Stat. Ann. § 260.771 (West) Subd. 2d. Tribal access to files and other documents. At any subsequent stage of the child-placing agency involvement with an Indian child, the child-placing agency or individual shall, upon request, give the Tribal social services agency full cooperation including access to all files concerning the Indian child. If the files contain confidential or private data, the child-placing agency or individual may require execution of an agreement with the Tribal social services agency specifying that the Tribal social services agency shall maintain the data according to statutory provisions applicable to the data. Minn. Stat. Ann. § 260.771 (West) | Section 10. Right of access to evidence. Each party to a child custody proceeding involving an Indian child has the right to examine all reports or other documents filed with the court on which any decision with respect to the proceeding may be based. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1505(3) Each party to a foster care placement or termination of parental rights proceeding under state law involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to such action may be based. | Sec. 36. 1. In any child custody proceeding, if the child is an Indian child, each party has the right to timely examine all reports or other documents held by an agency that are not otherwise subject to a discovery exception or precluded under state or federal law. 2. The preservation of confidentiality under this section does not relieve the court or any petitioners in an adoption proceeding from the duty to comply with the placement preferences under section 37 of this act if the child is an Indian child. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | G. The Indian child's tribe or any Indian tribe claiming the Indian child as a member, whether or not the Indian tribe has intervened, shall have the right to examine all reports or other documents filed with the court upon which a decision with respect to the action may be based. N.M. Stat. Ann. § 32A-28-16 (West) | 2. Each party to a child custody proceeding of an Indian child has the right to examine all reports or other documents filed with the court upon which a decision with respect to the out-of-home care placement, termination of parental rights, or return of custody may be based. N.D. Cent. Code Ann. § 27-19.1-03 (West) | (1) The juvenile court, on the court's own motion or on the motion of any party, shall expeditiously determine whether an Indian child asserted to be within the jurisdiction of the juvenile court under ORS 419B.100 has been improperly removed or improperly retained following a visit or temporary relinquishment of custody. A motion under this section may be made orally on the record or in writing. (2) If the court finds that the Indian child has been improperly removed or improperly retained, the court shall order the Department of Human Services to immediately return the Indian child to the child's parent or Indian custodian and dismiss the proceeding, unless the court determines by clear and convincing evidence that doing so would subject the child to substantial and immediate danger or a threat of substantial and immediate danger. Or. Rev. Stat. Ann. § 419B.652 (West) | RCWA 13.38.120 Each party to a child custody proceeding involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to the proceeding may be based | 48.028(4)(c) Examination of reports and other documents. Each party to a proceeding involving the out‐of‐home care placement of, termination of parental rights to, or return of custody under sub. (8) (a) of an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to the out‐of‐home care placement, termination of parental rights, or return of custody may be based. | (c) Each party to a shelter care placement or termination of parental rights proceeding under state law involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to the action may be based. Wyo. Stat. Ann. § 14-6-704 (West) | ||||||||||||||||
51 | 1912(d) Active Efforts/Remedial Services | §1912(d) Remedial services and rehabilitative programs; preventive measures Any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under State law shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful.+C30B38 | 23.120 How does the State court ensure that active efforts have been made? (a) Prior to ordering an involuntary foster-care placement or termination of parental rights, the court must conclude that active efforts have been made to prevent the breakup of the Indian family and that those efforts have been unsuccessful. (b) Active efforts must be documented in detail in the record. | (a) Notwithstanding Section 361.5, a party seeking an involuntary foster care placement of, or termination of parental rights over, an Indian child shall provide evidence to the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. The active efforts shall be documented in detail in the record. (b) What constitutes active efforts shall be assessed on a case-by-case basis. The active efforts shall be made in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child's tribe. Active efforts shall utilize the available resources of the Indian child's extended family, tribe, tribal and other Indian social service agencies, and individual Indian caregiver service providers. Cal. Welf. & Inst. Code § 361.7 (West) | Any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under state law shall provide satisfactory evidence to the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. Conn. Gen. Stat. Ann. § P.A. 23-113, § 8 (West) | ICA 232B.5(19) A party seeking an involuntary foster care placement of or termination of parental rights over an Indian child shall provide evidence to the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. The court shall not order the placement or termination, unless the evidence of active efforts shows there has been a vigorous and concerted level of casework beyond the level that typically constitutes reasonable efforts as defined in sections 232.57 and 232.102. Reasonable efforts shall not be construed to be active efforts. The active efforts must be made in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child's tribe. Active efforts shall utilize the available resources of the Indian child's extended family, tribe, tribal and other Indian social service agencies, and individual Indian caregivers. Active efforts shall include but are not limited to all of the following: a. A request to the Indian child's tribe to convene traditional and customary support and resolution actions or services. b. Identification and participation of tribally designated representatives at the earliest point. c. Consultation with extended family members to identify family structure and family support services that may be provided by extended family members. d. Frequent visitation in the Indian child's home and the homes of the child's extended family members. e. Exhaustion of all tribally appropriate family preservation alternatives. f. Identification and provision of information to the child's family concerning community resources that may be able to offer housing, financial, and transportation assistance and actively assisting the family in accessing the community resources. | 5. Remedial services, rehabilitative programs and preventive measures. A party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under chapter 1071, Title 18-C, Article 5 or 9 or Title 19-A, section 1658 shall satisfy the court, in accordance with the standard of proof required by the governing statute, that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. Me. Rev. Stat. tit. 22, § 3945 | MCLA 712B.15(2)-(3) (2) An Indian child may be removed from a parent or Indian custodian, placed into a foster care placement, or, for an Indian child already taken into protective custody, remain removed from a parent or Indian custodian pending further proceedings, only upon clear and convincing evidence that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, that the active efforts were unsuccessful, and that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child... (3) A party seeking a termination of parental rights to an Indian child under state law must demonstrate to the court's satisfaction that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that the active efforts were unsuccessful. | Subdivision 1. Active efforts. Active efforts includes acknowledging traditional helping and healing systems of an Indian child's Tribe and using these systems as the core to help and heal the Indian child and family. Active efforts are not required to prevent voluntary out-of-home placement and to effect voluntary permanency for the Indian child. Subd. 2. Requirements for child-placing agencies and individual petitioners. A child-placing agency or individual petitioner shall: (1) work with the Indian child's Tribe and family to develop an alternative plan to out-of-home placement; (2) before making a decision that may affect an Indian child's safety and well-being or when contemplating out-of-home placement of an Indian child, seek guidance from the Indian child's Tribe on family structure, how the family can seek help, what family and Tribal resources are available, and what barriers the family faces at that time that could threaten its preservation; and (3) request participation of the Indian child's Tribe at the earliest possible time and request the Tribe's active participation throughout the case. Subd. 3. Required findings that active efforts were provided. (a) Any party seeking to affect a termination of parental rights, other permanency action, or a placement where custody of an Indian child may be temporarily or permanently transferred to a person or entity who is not the Indian child's parent or Indian custodian, and where the Indian child's parent or Indian custodian cannot have the Indian child returned to their care upon demand, must satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. (b) A court shall not order an out-of-home or permanency placement for an Indian child unless the court finds that the child-placing agency made active efforts to, as required by section 260.012 and this section, provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian child's family, and that these efforts have proved unsuccessful. To the extent possible, active efforts must be provided in a manner consistent with the prevailing social and cultural conditions of the Indian child's Tribe and in partnership with the Indian child, Indian parents, extended family, and Tribe. (c) Regardless of whether the Indian child's Tribe has intervened in the proceedings, the court, in determining whether the child-placing agency made active efforts to preserve the Indian child's family for purposes of out-of-home placement and permanency, shall ensure the provision of active efforts designed to correct the conditions that led to the out-of-home placement of the Indian child and shall make findings regarding whether the following activities were appropriate and necessary, and whether the child-placing agency made appropriate and meaningful services, whether listed in this paragraph or not, available to the family based upon that family's specific needs: (1) whether the child-placing agency made efforts at the earliest point possible to (i) identify whether a child may be an Indian child as defined in section 260.755, subdivision 8; and (ii) identify and request participation of the Indian child's Tribe at the earliest point possible and throughout the investigation or assessment, case planning, provision of services, and case completion; (2) whether the child-placing agency requested that a Tribally designated representative with substantial knowledge of prevailing social and cultural standards and child-rearing practices within the Tribal community evaluate the circumstances of the Indian child's family, provided the Tribally designated representative with all information available regarding the case, and requested that the Tribally designated representative assist in developing a case plan that uses Tribal and Indian community resources; (3) whether the child-placing agency provided concrete services and access to both Tribal and non-Tribal services to members of the Indian child's family, including but not limited to financial assistance, food, housing, health care, transportation, in-home services, community support services, and specialized services; and whether these services are being provided in an ongoing manner throughout the agency's involvement with the family, to directly assist the family in accessing and utilizing services to maintain the Indian family, or reunify the Indian family as soon as safety can be assured if out-of-home placement has occurred; (4) whether the child-placing agency made early and ongoing efforts to identify, locate, and include extended family members; (5) whether the child-placing agency notified and consulted with the Indian child's extended family members, as identified by the child, the child's parents, or the Tribe; whether extended family members were consulted to provide support to the child and parents, to inform the child-placing agency and court as to cultural connections and family structure, to assist in identifying appropriate cultural services and supports for the child and parents, and to identify and serve as a placement and permanency resource for the child; and if there was difficulty contacting or engaging with extended family members, whether assistance was sought from the Tribe, the Department of Human Services, or other agencies with expertise in working with Indian families; (6) whether the child-placing agency provided services and resources to relatives who are considered the primary placement option for an Indian child, as agreed by the child-placing agency and the Tribe, to overcome barriers to providing care to an Indian child. Services and resources shall include but are not limited to child care assistance, financial assistance, housing resources, emergency resources, and foster care licensing assistance and resources; and (7) whether the child-placing agency arranged for visitation to occur, whenever possible, in the home of the Indian child's parent, Indian custodian, or other family member or in another noninstitutional setting, in order to keep the child in close contact with parents, siblings, and other relatives regardless of the child's age and to allow the child and those with whom the child visits to have natural, unsupervised interaction when consistent with protecting the child's safety; and whether the child-placing agency consulted with a Tribal representative to determine and arrange for visitation in the most natural setting that ensures the child's safety, when the child's safety requires supervised visitation. Minn. Stat. Ann. § 260.762 (West) | Section 12. Active efforts. (1) Any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under state law shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that the efforts have proven unsuccessful. (2) The court shall make written findings that the petitioning party has provided active efforts and the efforts must be documented in detail in the record. (3) If the department is involved in the child custody proceeding, active efforts must include assisting the parent, parents, or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. (4)(a) To the maximum extent possible, active efforts must be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe and conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians, and tribe. Active efforts are to be tailored to the facts and circumstances of the case and may include but are not limited to: (i) conducting a comprehensive assessment of the circumstances of the Indian child's family, with a focus on safe reunification as the most desirable goal; (ii) identifying appropriate services and helping the parents to overcome barriers, including actively assisting the parents in obtaining the services; (iii) identifying, notifying, and inviting representatives of the Indian child's tribe to participate in providing support and services to the Indian child's family and in family team meetings, permanency planning, and resolution of placement issues; (iv) conducting or causing to be conducted a diligent search for the Indian child's extended family members and contacting and consulting with extended family members to provide family structure and support for the Indian child and the Indian child's parents; (v) offering and employing all available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the child's tribe; (vi) taking steps to keep siblings together whenever possible; (vii) supporting regular visits with parents or Indian custodians in the most natural setting possible as well as trial home visits of the Indian child during any period of removal, consistent with the need to ensure the health, safety, and welfare of the child; (viii) identifying community resources, including housing, financial, transportation, mental health, substance abuse, and peer support services and actively assisting the child's parents or, when appropriate, the child's family, in accessing and using the resources; (ix) monitoring progress and participation in services; (x) considering alternative ways to address the needs of the Indian child's parents and, when appropriate, the family, if the optimum services do not exist or are not available; and (xi) providing postreunification services and monitoring. (b) Referral to a service or program does not constitute an active effort if the referral was the sole action taken. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1505(4) Any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under state law shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family or unite the parent or Indian custodian with the Indian child and that these efforts have proved unsuccessful. Any written evidence showing that active efforts have been made shall be admissible in a proceeding under the Nebraska Indian Child Welfare Act. Prior to the court ordering placement of the child in foster care or the termination of parental rights, the court shall make a determination that active efforts have been provided or that the party seeking placement or termination has demonstrated that attempts were made to provide active efforts to the extent possible under the circumstances. | Sec. 33. 1. If a child in a child custody proceeding is an Indian child and active efforts are required, the court must determine whether active efforts have been made to prevent the breakup of the family or to reunite the family. 2. Active efforts require a higher standard of conduct than reasonable efforts. 3. Active efforts must: (a) Be documented in detail in writing and on the record; (b) Include assisting the Indian child's parent or parents or Indian custodian through the steps of a case plan; (c) Include, to the extent possible, providing assistance with the cooperation of the Indian child's tribe; (d) Be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians and tribe; and (e) Be tailored to the facts and circumstances of the case. 4. As used in this section, "active efforts" means efforts that are affirmative, active, thorough, timely and intended to maintain or reunite an Indian child with the Indian child's family. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | In a child custody proceeding involving an Indian child: A. active efforts to maintain or reunite an Indian child with the Indian child's family shall be made pursuant to the Indian Family Protection Act. Active efforts shall be tailored to the facts and circumstances of each case. The department shall not seek findings of futility or aggravated circumstances; B. the department shall, in cooperation with the Indian child and the Indian child's parents, extended family members, guardian, Indian custodian and Indian tribe, make active efforts to maintain or reunite an Indian child with the Indian child's family and tailor the active efforts to the facts and circumstances of the case and shall: (1) document in writing the details demonstrating the quality and quantity of services and assistance provided to alleviate the causes and conditions leading to the child custody proceeding, on the court record; (2) assist the Indian child's parent or parents, guardian or Indian custodian through the steps of a department case plan and with accessing or developing the resources necessary to satisfy the department case plan; (3) provide assistance in a manner consistent with the prevailing social and cultural standards and way of life of the Indian child's tribe; and (4) conduct a comprehensive assessment of the circumstances of an Indian child's family with a goal of reunification; C. the department may make active efforts to maintain or reunite an Indian child with the Indian child's family by: (1) identifying and establishing appropriate services and assisting the Indian child's parents to overcome barriers to reunification, including actively assisting the parents in obtaining those services; (2) identifying, notifying and inviting representatives of the Indian child's tribe to participate in family team meetings, team decision meetings, permanency planning, resolution of placement issues and providing support and services to the Indian child's family; (3) conducting or causing to be conducted a diligent search for the Indian child's extended family members and contacting and consulting with the Indian child's extended family members and adult relatives to provide family structure and support for the Indian child and the Indian child's parents; (4) offering and employing culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the Indian child's tribe; (5) taking steps to keep the Indian child and the Indian child's siblings together whenever possible; (6) supporting regular visits with the Indian child's parent, guardian or Indian custodian, in the most natural setting as possible, as well as trial home visits during a period of removal, consistent with the need to ensure the health, safety and welfare of the Indian child; (7) identifying community resources, including housing, financial assistance, transportation, mental health services, health care, substance use prevention and treatment and peer support services and actively assisting the Indian child's parents, guardian or Indian custodian or, when appropriate, the Indian child's family and extended family members, in using and accessing those resources; (8) monitoring progress and participation of the Indian child's parents, guardian, Indian custodian or extended family members if the services described in Paragraphs (1), (2), (4) and (7) of this subsection are not available and considering alternative ways to address the needs of the Indian child's parents, guardian, Indian custodian and, where appropriate, the family, if the optimum services do not exist or are not available; (9) providing post-reunification services and monitoring for the duration of the court's jurisdiction; (10) allowing the Indian child to participate in customs and traditions, including attending and participating in traditional ceremonies centered around the Indian child and the Indian child's family; or (11) any other efforts that are appropriate to the Indian child's circumstances; D. prior to accepting an Indian child for voluntary placement, the department shall document the active efforts: (1) made by the department to provide or arrange services by other public or private agencies that would be affordable to the family; and (2) that would alleviate the conditions leading to the placement request; E. the department shall record all efforts made toward active efforts and report them to the court; and F. the court shall make a written determination at the conclusion of every proceeding as to whether the department has made active efforts to maintain or reunite the Indian child with the Indian child's family. The court shall make a written determination based on evidence on the record as to whether the department has made active efforts to provide services and support to preserve and reunify the family. N.M. Stat. Ann. § 32A-28-4 (West) In a petition initiating a child custody proceeding, the department shall include a statement as to whether the child who is the subject of the child custody proceeding is an Indian child and shall include information about: A. the Indian child's tribe; B. the tribal affiliations of the Indian child's parents; C. active efforts made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts were proven to be unsuccessful and the reasons these efforts were unsuccessful, if known; D. active efforts made to comply with the notice requirements pursuant to the Indian Family Protection Act, including results of the contact and the names, addresses, titles and telephone numbers of the persons contacted. Copies of any correspondence with the Indian child's tribe shall be attached as exhibits to the petition; and E. active efforts made to comply with the placement preferences set forth in the Indian Family Protection Act or the placement preferences of the Indian child's tribe. N.M. Stat. Ann. § 32A-28-15 (West) | 2. Before removal of an Indian child from the custody of a parent or Indian custodian for purposes of involuntary foster care placement or the termination of parental rights over an Indian child, the court shall find that active efforts have been made to provide remedial services and rehabilitative services designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. The court may not order the removal unless evidence of active efforts shows there has been a vigorous and concerted level of casework beyond the level that would constitute reasonable efforts under section 27-20.3-26. Reasonable efforts may not be construed to be active efforts. Active efforts must be made in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child's tribe. Active efforts must utilize the available resources of the Indian child's extended family, tribe, tribal and other relevant social service agencies, and individual Indian caregivers. N.D. Cent. Code Ann. § 27-19.1-01 (West) | SECTION 18. Active efforts. (1) As used in this section, “active efforts” means efforts that are affirmative, active, thorough, timely and intended to maintain or reunite an Indian child with the Indian child’s family. (2) If there is reason to know that a child in a proceeding under ORS chapter 419B is an Indian child and active efforts are required, the court must determine whether active efforts have been made to prevent the breakup of the family or to reunite the family. (3) Active efforts require a higher standard of conduct than reasonable efforts. (4) Active efforts must: (a) Be documented in detail in writing and on the record; (b) Include assisting the Indian child’s parent or parents or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan; (c) Include providing assistance in a manner consistent with the prevailing social and cultural standards and way of life of the Indian child’s tribe; (d) Be conducted in partnership with the Indian child and the Indian child’s parents, extended family members, Indian custodians and tribe; and (e) Be tailored to the facts and circumstances of the case. (5) Active efforts may include, as applicable, the following: (a) Conducting a comprehensive assessment of the circumstances of the Indian child’s family, with a focus on reunification as the most desirable goal; (b) Identifying appropriate services and helping the Indian child’s parents overcome barriers to reunification, including actively assisting the parents in obtaining the identified services; (c) Identifying, notifying and inviting representatives of the Indian child’s tribe to participate in providing support and services to the Indian child’s family and in family team meetings, permanency planning, resolution of placement issues, reviews or other case management related meetings; (d) Conducting or causing to be conducted a diligent search for the Indian child’s extended family members, contacting and consulting with the Indian child’s extended family members and adult relatives to provide family structure and support for the Indian child and the Indian child’s parents; (e) Offering and employing culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the Indian child’s tribe; (f) Taking steps to keep the Indian child and the Indian child’s siblings together whenever possible; (g) Supporting regular visits with the Indian child’s parent or Indian custodian in the most natural setting possible, as well as trial home visits during any period of removal, consistent with the need to ensure the health, safety and welfare of the Indian child; (h) Identifying community resources, including housing, financial assistance, employment training, transportation, mental health, health care, substance abuse prevention and treatment, parent training, transportation and peer support services and actively assisting the Indian child’s parents or, when appropriate, the Indian child’s extended family members, in utilizing and accessing those resources; (i) Monitoring progress and participation of the Indian child’s parents, Indian custodian or extended family members in the services as described in paragraphs (b), (c), (e) and (h) of this subsection; (j) Considering alternative options to address the needs of the Indian child’s parents and, where appropriate, the Indian child’s extended family members, if the services as described in paragraphs (b), (c), (e) and (h) of this subsection are not available; (k) Providing post-reunification services and monitoring for the duration of juvenile court’s jurisdiction; and (L) Any other efforts that are appropriate to the Indian child’s circumstances. | RCWA 13.38.130(1) A party seeking to effect an involuntary foster care placement of or the involuntary termination of parental rights to an Indian child shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. | (g) Active efforts standard. 1. The court may not order an Indian child to be removed from the home of the Indian child's parent or Indian custodian and placed in an out-of-home care placement unless the evidence of active efforts under par. (d)2. or (e)2. shows that there has been an ongoing, vigorous, and concerted level of case work and that the active efforts were made in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child's tribe and that utilizes the available resources of the Indian child's tribe, tribal and other Indian child welfare agencies, extended family members of the Indian child, other individual Indian caregivers, and other culturally appropriate service providers. The consideration by the court or jury of whether active efforts were made under par. (d)2. or (e)2. shall include whether all of the following activities were conducted: a. Representatives designated by the Indian child's tribe with substantial knowledge of the prevailing social and cultural standards and child-rearing practice within the tribal community were requested to evaluate the circumstances of the Indian child's family and to assist in developing a case plan that uses the resources of the tribe and of the Indian community, including traditional and customary support, actions, and services, to address those circumstances. am. A comprehensive assessment of the situation of the Indian child's family was completed, including a determination of the likelihood of protecting the Indian child's health, safety, and welfare effectively in the Indian child's home. b. Representatives of the Indian child's tribe were identified, notified, and invited to participate in all aspects of the Indian child custody proceeding at the earliest possible point in the proceeding and their advice was actively solicited throughout the proceeding. c. Extended family members of the Indian child, including extended family members who were identified by the Indian child's tribe or parents, were notified and consulted with to identify and provide family structure and support for the Indian child, to assure cultural connections, and to serve as placement resources for the Indian child. d. Arrangements were made to provide natural and unsupervised family interaction in the most natural setting that can ensure the Indian child's safety, as appropriate to the goals of the Indian child's permanency plan, including arrangements for transportation and other assistance to enable family members to participate in that interaction. e. All available family preservation strategies were offered or employed and the involvement of the Indian child's tribe was requested to identify those strategies and to ensure that those strategies are culturally appropriate to the Indian child's tribe. f. Community resources offering housing, financial, and transportation assistance and in-home support services, in-home intensive treatment services, community support services, and specialized services for members of the Indian child's family with special needs were identified, information about those resources was provided to the Indian child's family, and the Indian child's family was actively assisted or offered active assistance in accessing those resources. g. Monitoring of client progress and client participation in services was provided. h. A consideration of alternative ways of addressing the needs of the Indian child's family was provided, if services did not exist or if existing services were not available to the family. 2. If any of the activities specified in subd. 1. a. to h. were not conducted, the person seeking the out-of-home care placement or involuntary termination of parental rights shall submit documentation to the court explaining why the activity was not conducted. Wis. Stat. Ann. § 48.028 (West) | (d) Any party seeking to establish a shelter care placement of, or termination of parental rights to, an Indian child under state law shall establish to the court's satisfaction that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. Wyo. Stat. Ann. § 14-6-704 (West) | |||||||||||||||
52 | Enrollment | Conn. Gen. Stat. Ann. § P.A. 23-113, § 6 (West) | Sec. 22. 1. Unless an Indian child's parent objects, the appropriate agency shall provide assistance with enrolling an Indian child within the jurisdiction of the court in a tribe with which the child is eligible for enrollment. 2. In any child custody proceeding involving an Indian child, if the appropriate agency reasonably believes that the Indian child is eligible for enrollment in a tribe, the agency shall notify the Indian child's parents of their right to object to the agency's assistance under subsection 1. The provision of notice pursuant to this subsection is deemed to be satisfied by sending the notice to the last known mailing address of each of the Indian child's parents. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | When an Indian child is placed in the custody of the department, the department shall work with the parent, the guardian, the Indian custodian or the Indian child's tribe to establish membership, at the direction of the parent or the Indian tribe. The department shall not determine tribal membership. An Indian tribe shall have the sole right to determine membership and membership eligibility, as defined by the Indian tribe's law, custom, tradition and practice. The department shall provide records to assist with determining membership eligibility at the request of the parent or the Indian child's tribe. N.M. Stat. Ann. § 32A-28-6 (West) | 7. To facilitate the intent of this chapter, the agency, in cooperation with the Indian child's tribe of affiliation, unless a parent objects, shall take steps to enroll the Indian child in the tribe with the goal of finalizing enrollment before termination. | SECTION 7. Enrollment. (1) Unless an Indian child’s parent objects, the Department of Human Services shall provide assistance with enrolling an Indian child within the juvenile court’s jurisdiction under ORS 419B.100 in a tribe with which the child is eligible for enrollment. (2) In any proceeding under ORS chapter 419B where there is reason to know the child is an Indian child and the department reasonably believes that the Indian child is eligible for enrollment in a tribe, the department shall notify the Indian child’s parent of the parent’s right to object to the department’s assistance under subsection (1) of this section. | |||||||||||||||||||||||||||
53 | 1912(e) Foster Care Placement | §1912(e) Foster care placement orders; evidence; determination of damage to child No foster care placement may be ordered in such proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. | 23.121 (a) The court must not order a foster-care placement of an Indian child unless clear and convincing evidence is presented, including the testimony of one or more qualified expert witnesses, demonstrating that the child's continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. (b) The court must not order a termination of parental rights for an Indian child unless evidence beyond a reasonable doubt is presented, including the testimony of one or more qualified expert witnesses, demonstrating that the child's continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. (c) For a foster-care placement or termination of parental rights, the evidence must show a causal relationship between the particular conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the particular child who is the subject of the child-custody proceeding. (d) Without a causal relationship identified in paragraph (c) of this section, evidence that shows only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse, or nonconforming social behavior does not by itself constitute clear and convincing evidence or evidence beyond a reasonable doubt that continued custody is likely to result in serious emotional or physical damage to the child. | (c) A foster care placement or guardianship shall not be ordered in the proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of a qualified expert witness, as defined in Section 224.6, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. Cal. Welf. & Inst. Code § 361.7 (West) | No foster care placement may be ordered in a foster care placement proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. Conn. Gen. Stat. Ann. § P.A. 23-113, § 9 (West) | 6. Involuntary foster care placement. Involuntary foster care placement may not be ordered in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. The evidence must show a causal relationship between the particular conditions in the home and the likelihood that continued custody of the Indian child will result in serious emotional or physical damage to the particular Indian child who is the subject of the Indian child custody proceeding. Me. Rev. Stat. tit. 22, § 3945 | MCLA 712B.15(2)An Indian child may be removed from a parent or Indian custodian, placed into a foster care placement, or, for an Indian child already taken into protective custody, remain removed from a parent or Indian custodian pending further proceedings, only upon clear and convincing evidence that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, that the active efforts were unsuccessful, and that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child.The active efforts must take into account the prevailing social and cultural conditions and way of life of the Indian child's tribe. The evidence must include the testimony of at least 1 qualified expert witness, who has knowledge of the child rearing practices of the Indian child's tribe, that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. | Subd. 6. Qualified expert witness and evidentiary requirements. (a) In an involuntary foster care placement proceeding, the court must determine by clear and convincing evidence, including testimony of a qualified expert witness, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional damage or serious physical damage to the child. Minn. Stat. Ann. § 260.771 (West) | Section 13. Evidentiary requirements. (1) A court may not order a foster care placement of an Indian child unless: (a) the petitioning party has provided clear and convincing evidence that active efforts were made to provide remedial services and rehabilitative programs to prevent the breakup of an Indian family and that the efforts were unsuccessful; and (b) clear and convincing evidence is presented, including the testimony of one or more qualified expert witnesses, to demonstrate that continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. (2) The court may not terminate parental rights of the parents of an Indian child unless evidence beyond a reasonable doubt is presented that: (a) active efforts were made to prevent the breakup of the Indian family and the efforts were unsuccessful; and (b) continued custody of the child by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The evidence must include testimony of one or more qualified expert witnesses. (3)(a) Evidence required under this section must show a causal relationship between the specific conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the child who is the subject of the child custody proceeding. (b) Evidence showing only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse, or nonconforming social behavior does not by itself constitute clear and convincing evidence or evidence beyond a reasonable doubt that continued custody is likely to result in serious emotional or physical damage to the child. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1505(5) The court shall not order foster care placement under this section in the absence of a determination by the court, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. | A. The court shall not make findings of futility or aggravated circumstances in the child custody proceeding. B. The standards of evidence of the following child custody proceedings are as follows: (1) the court shall not order a foster care placement of an Indian child at adjudication unless clear and convincing evidence is presented, including the testimony of one or more qualified expert witnesses, demonstrating that the child's continued custody by the child's parent, guardian or Indian custodian is likely to result in serious emotional or physical damage to the child; N.M. Stat. Ann. § 32A-28-13 (West) (3) for a foster care placement at adjudication or termination of parental rights, the evidence shall show a causal relationship between the particular conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the particular child who is the subject of the child custody proceeding; and (4) without a causal relationship identified in Paragraph (3) of this subsection, evidence that shows only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior shall not by itself constitute clear and convincing evidence or evidence beyond a reasonable doubt that continued custody is likely to result in serious emotional or physical damage to the child. N.M. Stat. Ann. § 32A-28-13 (West) C. If there is a reason to know that the Indian child's parent, guardian or Indian custodian has limited English proficiency and may not understand the contents of the notice pursuant to Subsection A of this section, the court shall provide language access services as required by Title 6 of the federal Civil Rights Act of 1964 and other applicable federal and state laws. If the court is unable to secure translation or interpretation support, the court shall contact or direct a party to contact the Indian child's tribe or the local office of the United States department of the interior bureau of Indian affairs for assistance identifying a qualified translator or interpreter. N.M. Stat. Ann. § 32A-28-13 (West) | (3)(a) Except as otherwise provided in this section, the facts alleged in the petition showing the child to be within the jurisdiction of the court as provided in ORS 419B.100 (1), unless admitted, must be established: (A) By a preponderance of competent evidence; or (B) If the child is an Indian child, by clear and convincing competent evidence. (b) The evidence under paragraph (a)(B) of this section must: (A) Include testimony of one or more qualified expert witnesses under ORS 419B.642, demonstrating that the Indian child's continued custody by the child's parent or custody by the child's Indian custodian is likely to result in serious emotional or physical damage to the Indian child; and (B) Show a causal relationship between the particular conditions in the Indian child's home and the likelihood that the continued custody of the Indian child by the child's parent or custody by the child's Indian custodian will result in serious emotional or physical damage to the particular Indian child who is the subject of the child custody proceeding, as defined in ORS 419B.603. Evidence that shows the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior does not, by itself, establish a causal relationship as required by this paragraph. (c) As used in this subsection, “custody” and “continued custody” have the meanings described in ORS 419B.606. (4) If the court finds under ORS 419B.305 (2), or at any time prior to the commencement of the hearing, that there is reason to know that the child is an Indian child, the jurisdictional requirements of ORS 419B.305 and 419B.627 must be met before the court may assume jurisdiction of the case. Or. Rev. Stat. Ann. § 419B.310 (West) | RCWA 13.38.130(2) No involuntary foster care placement may be ordered in a child custody proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. For purposes of this subsection, any harm that may result from interfering with the bond or attachment between the foster parent and the child shall not be the sole basis or primary reason for continuing the child in foster care. | 48.028(4)(d) Out-of-home care placement; serious damage and active efforts. The court may not order an Indian child to be removed from the home of the Indian child's parent or Indian custodian and placed in an out‐ of‐home care placement unless all of the following occur: 1. The court or jury finds by clear and convincing evidence, including the tes mony of one or more qualified expert witnesses chosen in the order of preference listed in par. (f), that continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. 2. The court or jury finds by clear and convincing evidence that active efforts, as described in par. (g) 1., have been made to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. The court or jury shall make that finding notwithstanding that a circumstance specified in s. 48.355 (2d) (b) 1. to 5. applies. | (e) No shelter care placement of an Indian child shall be ordered in a proceeding unless the court determines by clear and convincing evidence that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. Wyo. Stat. Ann. § 14-6-704 (West) (g) For purposes of subsections (e) and (f) of this section, the testimony of qualified expert witnesses may be used to meet the evidentiary burden specified in those subsections. Wyo. Stat. Ann. § 14-6-704 (West) | ||||||||||||||||||
54 | State Payment of Foster Care Services | 1. If the department has legal custody of an Indian child and that child is placed in foster care according to the placement preferences under section 232B.9 the state shall pay, subject to any applicable federal funding limitations and requirements, the cost of the foster care in the manner and to the same extent the state pays for foster care of non-Indian children, including the administrative and training costs associated with the placement. In addition, the state shall pay the other costs related to the foster care placement of an Indian child as may be provided for in an agreement entered into between a tribe and the state. 2. The department may, subject to any applicable federal funding limitations and requirements and within funds appropriated for foster care services, purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state court order; and the purchase of the care is subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care. Iowa Code Ann. § 232B.12 (West) | An Indian child residing on or off a reservation, as a resident of this state, shall have the same right to services that are available to other children of this state. The cost of the services provided to an Indian child or the Indian child's parents, guardian or Indian custodian shall be determined and provided for in the same manner as services are made to other children of the state, using tribal, state and federal funds. N.M. Stat. Ann. § 32A-28-10 (West) | A. In the event the Department of Human Services has legal custody of an Indian child, and that child is placed with a tribally licensed or approved foster home, the state shall pay the costs of foster care in the same manner and to the same extent the state pays the costs of foster care to state-licensed or state-approved foster homes, provided that the tribe shall have entered into an agreement with the state pursuant to Section 8 herein,1 which shall require tribal cooperation with state plans required by federal funding laws. B. The state shall pay the costs of foster care of a child placed with a tribally licensed or approved foster home where the placement is made by a tribe having jurisdiction of the proceeding, provided that the tribe shall have entered into an agreement with the state pursuant to Section 8 herein, which shall require tribal cooperation with state plans required by federal funding laws. Okla. Stat. Ann. tit. 10, § 40.8 (West) | |||||||||||||||||||||||||||||
55 | 1912(f) Termination of Parental Rights | §1912(f) Parental rights termination orders; evidence; determination of damage to child No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. | 23.121 (a) The court must not order a foster-care placement of an Indian child unless clear and convincing evidence is presented, including the testimony of one or more qualified expert witnesses, demonstrating that the child's continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. (b) The court must not order a termination of parental rights for an Indian child unless evidence beyond a reasonable doubt is presented, including the testimony of one or more qualified expert witnesses, demonstrating that the child's continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. (c) For a foster-care placement or termination of parental rights, the evidence must show a causal relationship between the particular conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the particular child who is the subject of the child-custody proceeding. (d) Without a causal relationship identified in paragraph (c) of this section, evidence that shows only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse, or nonconforming social behavior does not by itself constitute clear and convincing evidence or evidence beyond a reasonable doubt that continued custody is likely to result in serious emotional or physical damage to the child. 23.122 (a) A qualified expert witness must be qualified to testify regarding whether the child's continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and should be qualified to testify as to the prevailing social and cultural standards of the Indian child's Tribe. A person may be designated by the Indian child's Tribe as being qualified to testify to the prevailing social and cultural standards of the Indian child's Tribe. (b) The court or any party may request the assistance of the Indian child's Tribe or the BIA office serving the Indian child's Tribe in locating persons qualified to serve as expert witnesses. (c) The social worker regularly assigned to the Indian child may not serve as a qualified expert witness in child-custody proceedings concerning the child. | No termination of parental rights may be ordered in a termination of parental rights proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. Conn. Gen. Stat. Ann. § P.A. 23-113, § 10 (West) | ICA 232B.10 Qualified Expert Witness- 1. For the purposes of this chapter, unless the context otherwise requires, a “qualified expert witness” may include, but is not limited to, a social worker, sociologist, physician, psychologist, traditional tribal therapist and healer, spiritual leader, historian, or elder. 2. In considering whether to involuntarily place an Indian child in foster care or to terminate the parental rights of the parent of an Indian child, the court shall require that qualified expert witnesses with specific knowledge of the child's Indian tribe testify regarding that tribe's family organization and child-rearing practices, and regarding whether the tribe's culture, customs, and laws would support the placement of the child in foster care or the termination of parental rights on the grounds that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. 3. In the following descending order of preference, a qualified expert witness is a person who is one of the following: a. A member of the child's Indian tribe who is recognized by the child's tribal community as knowledgeable regarding tribal customs as the customs pertain to family organization or child-rearing practices. b. A member of another tribe who is formally recognized by the Indian child's tribe as having the knowledge to be a qualified expert witness. c. A layperson having substantial experience in the delivery of child and family services to Indians, and substantial knowledge of the prevailing social and cultural standards and child-rearing practices within the Indian child's tribe. d. A professional person having substantial education and experience in the person's professional specialty and having substantial knowledge of the prevailing social and cultural standards and child-rearing practices within the Indian child's tribe. e. A professional person having substantial education and experience in the person's professional specialty and having extensive knowledge of the customs, traditions, and values of the Indian child's tribe as the customs, traditions, and values pertain to family organization and child-rearing practices. Prior to accepting the testimony of a qualified expert witness described in this lettered paragraph, the court shall document the efforts made to secure a qualified expert witness described in paragraphs “a”, “b”, “c”, and “d”. The efforts shall include but are not limited to contacting the Indian child's tribe's governing body, that tribe's Indian Child Welfare Act office, and the tribe's social service office. | 7. Involuntary termination of parental rights. Involuntary termination of parental rights may not be ordered in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. The evidence must show a causal relationship between the particular conditions in the home and the likelihood that continued custody of the Indian child will result in serious emotional or physical damage to the particular Indian child who is the subject of the Indian child custody proceeding. Me. Rev. Stat. tit. 22, § 3945 | MCLA 712B.15(4) No termination of parental rights may be ordered in a proceeding described in this section without a determination, supported by evidence beyond a reasonable doubt, including testimony of at least 1 qualified expert witness as described in section 17,7 that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. | In a termination of parental rights proceeding, the court must determine by evidence beyond a reasonable doubt, including testimony of a qualified expert witness, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional damage or serious physical damage to the child. In an involuntary permanent transfer of legal and physical custody proceeding, permanent custody to the agency proceeding, temporary custody to the agency, or other permanency proceeding, the court must determine by clear and convincing evidence, including testimony of a qualified expert witness, that the continued custody of the Indian child by the Indian child's parent or parents or Indian custodian is likely to result in serious emotional damage or serious physical damage to the child. Qualified expert witness testimony is not required where custody is transferred to the Indian child's parent. Minn. Stat. Ann. § 260.771 (West) | Section 13. Evidentiary requirements. (1) A court may not order a foster care placement of an Indian child unless: (a) the petitioning party has provided clear and convincing evidence that active efforts were made to provide remedial services and rehabilitative programs to prevent the breakup of an Indian family and that the efforts were unsuccessful; and (b) clear and convincing evidence is presented, including the testimony of one or more qualified expert witnesses, to demonstrate that continued custody by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. (2) The court may not terminate parental rights of the parents of an Indian child unless evidence beyond a reasonable doubt is presented that: (a) active efforts were made to prevent the breakup of the Indian family and the efforts were unsuccessful; and (b) continued custody of the child by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The evidence must include testimony of one or more qualified expert witnesses. (3)(a) Evidence required under this section must show a causal relationship between the specific conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the child who is the subject of the child custody proceeding. (b) Evidence showing only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse, or nonconforming social behavior does not by itself constitute clear and convincing evidence or evidence beyond a reasonable doubt that continued custody is likely to result in serious emotional or physical damage to the child. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1505(6) The court shall not order termination of parental rights under this section in the absence of a determination by the court, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. | Sec. 33. 1. If a child in a child custody proceeding is an Indian child and active efforts are required, the court must determine whether active efforts have been made to prevent the breakup of the family or to reunite the family. 2. Active efforts require a higher standard of conduct than reasonable efforts. 3. Active efforts must: (a) Be documented in detail in writing and on the record; (b) Include assisting the Indian child's parent or parents or Indian custodian through the steps of a case plan; (c) Include, to the extent possible, providing assistance with the cooperation of the Indian child's tribe; (d) Be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians and tribe; and (e) Be tailored to the facts and circumstances of the case. 4. As used in this section, "active efforts" means efforts that are affirmative, active, thorough, timely and intended to maintain or reunite an Indian child with the Indian child's family. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | (2) the court shall not order a termination of parental rights for an Indian child unless evidence beyond a reasonable doubt is presented, including the testimony of one or more qualified expert witnesses, demonstrating that the child's continued custody by the child's parent, guardian or Indian custodian is likely to result in serious emotional or physical damage to the child; N.M. Stat. Ann. § 32A-28-13 (West) (3) for a foster care placement at adjudication or termination of parental rights, the evidence shall show a causal relationship between the particular conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the particular child who is the subject of the child custody proceeding; and (4) without a causal relationship identified in Paragraph (3) of this subsection, evidence that shows only the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior shall not by itself constitute clear and convincing evidence or evidence beyond a reasonable doubt that continued custody is likely to result in serious emotional or physical damage to the child. N.M. Stat. Ann. § 32A-28-13 (West) C. If there is a reason to know that the Indian child's parent, guardian or Indian custodian has limited English proficiency and may not understand the contents of the notice pursuant to Subsection A of this section, the court shall provide language access services as required by Title 6 of the federal Civil Rights Act of 1964 and other applicable federal and state laws. If the court is unable to secure translation or interpretation support, the court shall contact or direct a party to contact the Indian child's tribe or the local office of the United States department of the interior bureau of Indian affairs for assistance identifying a qualified translator or interpreter. N.M. Stat. Ann. § 32A-28-13 (West) A. In a termination of parental rights proceeding, with respect to an Indian child, the court shall consider whether an alternative to termination of parental rights, including permanent guardianship of the child, would best support the Indian child. B. In a termination of parental rights proceeding in court, when the court knows an Indian child is involved, the party seeking to effectuate the termination of parental rights shall notify the Indian child's tribe by certified mail, with return receipt requested, of the pending proceedings and of its right to intervene. The court shall not order a termination of parental rights proceeding until the department files documentation with the court that the Indian child's tribe received notice of the proceeding. C. In a termination of parental rights proceeding, bonding between the Indian child and the Indian child's foster parent shall not be considered as a factor in terminating parental rights. D. In a termination of parental rights proceeding, a termination shall not be ordered unless: (1) the Indian child's tribe was provided timely notice of the proceeding in accordance with the Indian Family Protection Act and provided an opportunity to state whether it opposes the termination; and (2) the Indian child's tribe proposes an alternate permanency plan, unless the department can show good cause supported by clear and convincing evidence why the alternate permanency plan should not be ordered. E. In a proceeding involving an Indian child, the grounds for any attempted termination shall be proved beyond a reasonable doubt and shall meet the requirements set forth in the Indian Family Protection Act. F. In a termination proceeding involving an Indian child, the court shall, in any termination order, make specific findings of all active efforts and ensure that all of the requirements of the Indian Family Protection Act have been met. N.M. Stat. Ann. § 32A-28-19 (West) | (7) If the child is an Indian child: (a) The court shall follow the placement preferences described in ORS 419B.654. (b) If the court finds that the department did not provide active efforts to make it possible for the Indian child to safely return home, the court may not, at that permanency hearing, change the permanency plan to something other than to reunify the family. (c) If the court finds that the department did not provide active efforts to make it possible for the Indian child to return home, except as otherwise required under ORS 419B.470, the court may not set a date for a subsequent permanency hearing until the department has provided active efforts for the number of days that active efforts were not previously provided. (d)(A) If the court determines that tribal customary adoption, as described in ORS 419B.656, is an appropriate permanent placement for the child, and the Indian child's tribe consents, the court shall request that the tribe file with the court a tribal customary adoption order or judgment evidencing that the tribal customary adoption has been completed. The tribe must file the tribal customary adoption order or judgment no less than 20 days prior to the date set by the court for hearing. (B) Upon the tribe's request, the court may grant an extension of time to file the tribal customary adoption order or judgment, not to exceed 60 days. (C) If the tribe does not file the tribal customary adoption order or judgment within the designated time period, the court shall order a new permanency hearing to determine the best permanency plan for the child. Or. Rev. Stat. Ann. § 419B.476 (West) (1) The parental rights of the parents of a ward may be terminated as provided in this section and ORS 419B.502 to 419B.524, only upon a petition filed by the state or the ward for the purpose of freeing the ward for adoption if the court finds it is in the best interests of the ward and, if the ward is an Indian child, that the parents' continued custody of the Indian child, as described in ORS 419B.606, is likely to result in serious emotional or physical harm to the ward. The rights of one parent may be terminated without affecting the rights of the other parent. (2) Upon the filing of a petition to terminate parental rights, the court shall make a finding, subject to the procedures under ORS 419B.636 (4), regarding whether there is reason to know that the ward is an Indian child. Or. Rev. Stat. Ann. § 419B.500 (West) (4)(a) Notwithstanding subsection (1) of this section, the termination of parental rights to an Indian child must be supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that continued custody of the Indian child by the child's parents is likely to result in serious emotional or physical damage to the child. (b) The court may not enter an order terminating parental rights to an Indian child unless: (A) The court has offered the parties the opportunity to participate in mediation as required under ORS 419B.517; (B) If requested by the tribe, and if the Department of Human Services has identified a proposed adoptive placement, an agreement is in place that requires the proposed adoptive placement to maintain connection between the Indian child and the Indian child's tribe; and (C) After inquiry as required under ORS 419B.636 and notice as required under ORS 419B.639, and in addition to any other findings required under ORS 419B.500 to 419B.524, the court determines: (i) That evidence, including the testimony of one or more qualified expert witnesses under ORS 419B.642, establishes beyond a reasonable doubt that the continued custody of the Indian child by the child's parent or custody by the child's Indian custodian is likely to result in serious emotional or physical damage to the Indian child; and (ii) That active efforts under ORS 419B.645 to reunite the Indian family did not eliminate the necessity for termination based on serious emotional or physical damage to the Indian child. (c) The evidence under this subsection must show a causal relationship between the particular conditions in the Indian child's home and the likelihood that continued custody of the Indian child by the child's parents will result in serious emotional or physical damage to the particular Indian child who is the subject of the child custody proceeding, as defined in ORS 419B.603. Evidence that shows the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior does not, by itself, establish a causal relationship as required by this paragraph. (d) As used in this subsection, “custody” and “continued custody” have the meanings described in ORS 419B.606. Or. Rev. Stat. Ann. § 419B.521 (West) | RCWA 13.38.130(3) No involuntary termination of parental rights may be ordered in a child custody proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. For the purposes of this subsection, any harm that may result from interfering with the bond or attachment that may have formed between the child and a foster care provider shall not be the sole basis or primary reason for termination of parental rights over an Indian child. | 48.028(4)(e) Involuntary termination of parental rights; serious damage and active efforts. The court may not order an involuntary termination of parental rights to an Indian child unless all of the following occur: 1. The court or jury finds beyond a reasonable doubt, including the tes mony of one or more qualified expert witnesses chosen in the order of preference listed in par. (f), that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. 2. The court or jury finds by clear and convincing evidence that active efforts, as described in par. (g) 1., have been made to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful. | (f) No termination of parental rights over an Indian child shall be ordered unless the court determines beyond a reasonable doubt that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. Wyo. Stat. Ann. § 14-6-704 (West) (g) For purposes of subsections (e) and (f) of this section, the testimony of qualified expert witnesses may be used to meet the evidentiary burden specified in those subsections. Wyo. Stat. Ann. § 14-6-704 (West) | |||||||||||||||||
56 | Qualified Expert Witness | 23.122 Who may serve as a qualified expert witness? (a) A qualified expert witness must be qualified to testify regarding whether the child's continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and should be qualified to testify as to the prevailing social and cultural standards of the Indian child's Tribe. A person may be designated by the Indian child's Tribe as being qualified to testify to the prevailing social and cultural standards of the Indian child's Tribe. (b) The court or any party may request the assistance of the Indian child's Tribe or the BIA office serving the Indian child's Tribe in locating persons qualified to serve as expert witnesses. (c) The social worker regularly assigned to the Indian child may not serve as a qualified expert witness in child-custody proceedings concerning the child. | (a) When testimony of a “qualified expert witness” is required in an Indian child custody proceeding, a “qualified expert witness” shall be qualified to testify regarding whether continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and shall be qualified to testify to the prevailing social and cultural standards of the Indian child's tribe. A person may be designated by the child's tribe as qualified to testify to the prevailing social and cultural standards of the Indian child's tribe. The individual may not be an employee of the person or agency recommending foster care placement or termination of parental rights. (b) In considering whether to remove an Indian child from the custody of a parent or Indian custodian or to terminate the parental rights of the parent of an Indian child, the court shall do both of the following: (1) Require that a qualified expert witness testify regarding whether continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. (2) Consider evidence concerning the prevailing social and cultural standards of the Indian child's tribe, including that tribe's family organization and child-rearing practices. (c) Persons with the following characteristics are most likely to meet the requirements for a qualified expert witness for purposes of Indian child custody proceedings: (1) A person designated by the Indian child's tribe as being qualified to testify to the prevailing social and cultural standards of the Indian child's tribe. (2) A member or citizen of the Indian child's tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and child-rearing practices. (3) An expert witness having substantial experience in the delivery of child and family services to Indians, and extensive knowledge of prevailing social and cultural standards and child-rearing practices within the Indian child's tribe. (d) The court or any party may request the assistance of the Indian child's tribe or Bureau of Indian Affairs agency serving the Indian child's tribe in locating persons qualified to serve as expert witnesses. (e) The court may accept a declaration or affidavit from a qualified expert witness in lieu of testimony only if the parties have so stipulated in writing and the court is satisfied the stipulation is made knowingly, intelligently, and voluntarily. Cal. Welf. & Inst. Code § 224.6 (West) | 1. For the purposes of this chapter, unless the context otherwise requires, a “qualified expert witness” may include, but is not limited to, a social worker, sociologist, physician, psychologist, traditional tribal therapist and healer, spiritual leader, historian, or elder. 2. In considering whether to involuntarily place an Indian child in foster care or to terminate the parental rights of the parent of an Indian child, the court shall require that qualified expert witnesses with specific knowledge of the child's Indian tribe testify regarding that tribe's family organization and child-rearing practices, and regarding whether the tribe's culture, customs, and laws would support the placement of the child in foster care or the termination of parental rights on the grounds that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. 3. In the following descending order of preference, a qualified expert witness is a person who is one of the following: a. A member of the child's Indian tribe who is recognized by the child's tribal community as knowledgeable regarding tribal customs as the customs pertain to family organization or child-rearing practices. b. A member of another tribe who is formally recognized by the Indian child's tribe as having the knowledge to be a qualified expert witness. c. A layperson having substantial experience in the delivery of child and family services to Indians, and substantial knowledge of the prevailing social and cultural standards and child-rearing practices within the Indian child's tribe. d. A professional person having substantial education and experience in the person's professional specialty and having substantial knowledge of the prevailing social and cultural standards and child-rearing practices within the Indian child's tribe. e. A professional person having substantial education and experience in the person's professional specialty and having extensive knowledge of the customs, traditions, and values of the Indian child's tribe as the customs, traditions, and values pertain to family organization and child-rearing practices. Prior to accepting the testimony of a qualified expert witness described in this lettered paragraph, the court shall document the efforts made to secure a qualified expert witness described in paragraphs “a”, “b”, “c”, and “d”. The efforts shall include but are not limited to contacting the Indian child's tribe's governing body, that tribe's Indian Child Welfare Act office, and the tribe's social service office. Iowa Code Ann. § 232B.10 (West) | 1. Identification. In any proceeding subject to this Act that requires the testimony of a qualified expert witness, the qualified expert witness must be provided by the petitioner and must meet the criteria of subsection 3 or 4. A qualified expert witness may be identified based on information from the Indian child's tribe or with the assistance of the United States Department of the Interior, Bureau of Indian Affairs. 2. Testimony provided. In any proceeding subject to this Act that requires the testimony of a qualified expert witness, at least one qualified expert witness must testify regarding: A. The prevailing social and cultural standards and child-rearing practices of the Indian child's tribe; and B. Whether the Indian child's continued custody by the Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. 3. Tribal qualification. A person is a qualified expert witness under this section if the Indian child's tribe has designated the person as being qualified to testify to the prevailing social and cultural standards of the Indian tribe. 4. Alternative qualification. If the Indian child's tribe has not designated a qualified expert witness or the designated qualified expert witness is unavailable, the following individuals, in order of priority, may testify as a qualified expert witness: A. A member of the Indian child's tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and child-rearing practices; B. A member of another Indian tribe who is recognized to be a qualified expert witness by the Indian child's tribe based on the member's knowledge of the delivery of child and family services to Indians and the Indian child's tribe; C. A layperson who is recognized by the Indian child's tribe as having substantial experience in the delivery of child and family services to Indians, and knowledge of prevailing social and cultural standards and child-rearing practices within the Indian child's tribe; or D. A professional person having substantial education and experience in the area of the professional person's specialty who can demonstrate knowledge of the prevailing social and cultural standards and child-rearing practices within the Indian child's tribe. 5. Disqualified persons. A petitioning party, an employee of the petitioning party or an employee of the Department of Health and Human Services may not serve as a qualified expert witness or a professional under this section. Me. Rev. Stat. tit. 22, § 3954 | 712B.17 Qualified expert witness. Sec. 17. (1) If the testimony of a qualified expert witness is required, the court shall accept either of the following in the following order of preference: (a) A member of the Indian child's tribe, or witness approved by the Indian child's tribe, who is recognized by the tribal community as knowledgeable in tribal customs and how the tribal customs pertain to family organization and child rearing practices. (b) A person with knowledge, skill, experience, training, or education and who can speak to the Indian child's tribe and its customs and how the tribal customs pertain to family organization and child rearing practices. (2) A party to a child custody proceeding may present his or her own qualified expert witness to rebut the testimony of the petitioner's qualified expert witness. | Testimony of a qualified expert witness shall be provided for involuntary foster care placement and permanency proceedings independently. (b) The child-placing agency, individual petitioner, or any other party shall make diligent efforts to locate and present to the court a qualified expert witness designated by the Indian child's Tribe. The qualifications of a qualified expert witness designated by the Indian child's Tribe are not subject to a challenge in Indian child placement proceedings. (c) If a party cannot obtain testimony from a Tribally designated qualified expert witness, the party shall submit to the court the diligent efforts made to obtain a Tribally designated qualified expert witness. (d) If clear and convincing evidence establishes that a party's diligent efforts cannot produce testimony from a Tribally designated qualified expert witness, the party shall demonstrate to the court that a proposed qualified expert witness is, in descending order of preference: (1) a member of the child's Tribe who is recognized by the Indian child's Tribal community as knowledgeable in Tribal customs as they pertain to family organization and child-rearing practices; or (2) an Indian person from an Indian community who has substantial experience in the delivery of child and family services to Indians and extensive knowledge of prevailing social and cultural standards and contemporary and traditional child-rearing practices of the Indian child's Tribe. If clear and convincing evidence establishes that diligent efforts have been made to obtain a qualified expert witness who meets the criteria in clause (1) or (2), but those efforts have not been successful, a party may use an expert witness, as defined by the Minnesota Rules of Evidence, rule 702, who has substantial experience in providing services to Indian families and who has substantial knowledge of prevailing social and cultural standards and child-rearing practices within the Indian community. The court or any party may request the assistance of the Indian child's Tribe or the Bureau of Indian Affairs agency serving the Indian child's Tribe in locating persons qualified to serve as expert witnesses. (e) The court may allow alternative methods of participation and testimony in state court proceedings by a qualified expert witness, such as participation or testimony by telephone, videoconferencing, or other methods. Minn. Stat. Ann. § 260.771 (West) | Section 11. Qualified expert witness—requirements—prohibitions. (1) A qualified expert witness is an individual who provides testimony in a child custody proceeding under [sections 1 through 18]. The purpose of the testimony is to assist a court in determining whether the continued custody of the child by or the return of the child to the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The parties may not waive the requirement for the qualified expert witness testimony. (2) The petitioning party shall consult with the Indian child's tribe on the selection of the qualified expert witness, including asking whether the tribe has a list of preferred qualified expert witnesses. To the extent possible, the petitioning party shall use an individual preferred by the tribe. (3) A qualified expert witness must be qualified to testify regarding whether the child's continued custody by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and must be qualified to testify as to the prevailing social and cultural standards of the Indian child's tribe. (4)(a) If the petitioner is the department, the child protection specialist assigned to the case and the child protection specialist's supervisor may not testify as qualified expert witnesses in the case. (b) Nothing in this subsection (4) may be construed as barring: (i) the child protection specialist or the child protection specialist's supervisor from testifying as an expert witness for other purposes in a proceeding under [sections 1 through 18]; or (ii) the petitioner or another party in a proceeding under [sections 1 through 18] from providing additional witnesses or expert testimony, subject to the approval of the court, on any issue before the court, including the determination of whether the continued custody of the Indian child by or return of the Indian child to the parent, parents, or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | 2. At a hearing in a child custody proceeding, if the court has found that a child is an Indian child, at least one qualified expert witness must testify regarding whether the continued custody of the Indian child by the child's parent or custody by the child's Indian custodian is likely to result in serious emotional or physical damage to the Indian child. 3. A person is a qualified expert witness under this section if the Indian child's tribe has designated the person as being qualified to testify to the prevailing social and cultural standards of the tribe. 4. If the Indian child's tribe has not identified a qualified expert witness, the following persons, in order of priority, may testify as a qualified expert witness: (a) A member of the Indian child's tribe or another person who is recognized by the tribe as knowledgeable about tribal customs regarding family organization or child rearing practices; (b) A person having substantial experience in the delivery of child and family services to Indians and extensive knowledge of prevailing social and cultural standards and child rearing practices within the Indian child's tribe; or (c) Any person having substantial experience in the delivery of child and family services to Indians and knowledge of prevailing social and cultural standards and child rearing practices in Indian tribes with cultural similarities to the child's tribe. 5. In addition to testimony from a qualified expert witness, the court may hear supplemental testimony regarding information described in subsection 2 from a professional having substantial education and experience in the area of the professional's specialty. 6. No petitioning party, employees of the petitioning party or an employee of an agency may serve as a qualified expert witness or a professional under this section. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | A. The court shall receive testimony from one or more qualified expert witnesses in all adjudicatory hearings pursuant to the Abuse and Neglect Act and all hearings to terminate parental rights. The court shall receive testimony from a qualified expert witness regardless of whether the parties to the proceeding have stipulated to a finding of abuse or neglect. B. A person may be qualified by the court to serve as a qualified expert witness if the court finds that the person is: (1) knowledgeable about the prevailing social and cultural standards of the tribe and is familiar with the family and child-rearing practices of the Indian child's tribe; (2) able to testify regarding whether the Indian child's continued custody by the parent, guardian or Indian custodian is likely to result in serious emotional or physical damage to the child; and (3) a member of the Indian child's tribe; or (4) a person recommended by the Indian child's tribe. C. When the department notifies an Indian child's tribe of the pendency of an investigation involving an Indian child from that Indian tribe, the department shall request in writing that the Indian child's tribe designate a qualified expert witness to testify in any child custody or termination proceedings that may result from the investigation. The department shall make active efforts to collaborate with the Indian tribe to identify a person to serve as a qualified expert witness. D. If, after active efforts and in no case later than fifteen days after filing the petition, the department does not receive a designation from the Indian tribe or if the department, after good faith efforts, is unable to retain the Indian tribe's designated qualified expert witness, the department may identify a qualified expert witness who meets the requirements provided in Paragraph (1) of Subsection B of this section from a list of qualified expert witnesses compiled through cooperation among the Indian tribes in the state and the department. E. If, thirty days after filing the petition, the department has not identified a qualified expert witness to testify as required by the Indian Family Protection Act, in considering a motion by the department for a continuance, the court shall consider whether it is in the best interest of the Indian child to remain in the department's custody for additional time. F. At least thirty days prior to an adjudicatory hearing pursuant to the Abuse and Neglect Act and a hearing to terminate parental rights, the department shall disclose to the Indian child's tribe the name of the qualified expert witness designated by the department to testify at the hearing. G. An Indian child's tribe shall have the opportunity to question a qualified expert witness in all hearings involving an Indian child in which the qualified expert witness testifies, regardless of whether the Indian child's tribe has intervened. An Indian child's tribe may designate a qualified expert witness to testify in addition to any qualified expert witness designated by the department. H. An employee of the department shall not serve as a qualified expert witness pursuant to this section. N.M. Stat. Ann. § 32A-28-17 (West) | SECTION 17. Qualified expert witness. (1) In any proceeding under ORS chapter 419B that requires the testimony of a qualified expert witness, the petitioner shall contact the Indian child’s tribe and request that the tribe identify one or more individuals meeting the criteria described in subsection (3) or (4) of this section. The petitioner may also request the assistance of the United States Bureau of Indian Affairs in locating individuals meeting the criteria described in subsection (3) or (4) of this section. The petitioner shall file a declaration with the court describing the efforts the petitioner made under this subsection to identify a qualified expert witness. (2) At a hearing under ORS 419B.340, 419B.365, 419B.366 or 419B.521 when there is reason to know a child is an Indian child and a qualified expert witness is required, at least one qualified expert witness must testify regarding: (a) Whether the Indian child’s continued custody by the Indian child’s parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child; and (b) The prevailing social and cultural standards and child rearing practices of the Indian child’s tribe. (3) A person is a qualified expert witness under this section if the Indian child’s tribe has designated the person as being qualified to testify to the prevailing social and cultural standards of the tribe. (4) If the Indian child’s tribe has not identified a qualified expert witness, the following individuals, in order of priority, may testify as a qualified expert witness: (a) A member of the Indian child’s tribe or another person of the tribe’s choice who is recognized by the tribe as knowledgeable tribal customs regarding family organization or child rearing practices; (b) A person having substantial experience in the delivery of child and family services to Indians and extensive knowledge of prevailing social and cultural standards and child rearing practices within the Indian child’s tribe; or (c) Any person having substantial experience in the delivery of child and family services to Indians and knowledge of prevailing social and cultural standards and child rearing practices in Indian tribes with cultural similarities to the child’s tribe. (5) In addition to testimony from a qualified expert witness, the court may hear supplemental testimony regarding information described in subsection (2) of this section from a professional having substantial education and experience in the area of the professional’s specialty. (6) No petitioning party, employees of the petitioning party or an employee of the Department of Human Services may serve as a qualified expert witness or a professional under this section. | (4)(a) For purposes of this section, “qualified expert witness” means a person who provides testimony in a proceeding under this chapter to assist a court in the determination of whether the continued custody of the child by, or return of the child to, the parent, parents, or Indian custodian, is likely to result in serious emotional or physical damage to the child. In any proceeding in which the child's Indian tribe has intervened pursuant to RCW 13.38.090 or, if the department is the petitioner and the Indian child's tribe has entered into a local agreement with the department for the provision of child welfare services, the petitioner shall contact the tribe and ask the tribe to identify a tribal member or other person of the tribe's choice who is recognized by the tribe as knowledgeable regarding tribal customs as they pertain to family organization or child rearing practices. The petitioner shall notify the child's Indian tribe of the need to provide a “qualified expert witness” at least twenty days prior to any evidentiary hearing in which the testimony of the witness will be required. If the child's Indian tribe does not identify a “qualified expert witness” for the proceeding on a timely basis, the petitioner may proceed to identify such a witness pursuant to (b) of this subsection. (b) In any proceeding in which the child's Indian tribe has not intervened or entered into a local agreement with the department for the provision of child welfare services, or a child's Indian tribe has not responded to a request to identify a “qualified expert witness” for the proceeding on a timely basis, the petitioner shall provide a “qualified expert witness” who meets one or more of the following requirements in descending order of preference: (i) A member of the child's Indian tribe or other person of the tribe's choice who is recognized by the tribe as knowledgeable regarding tribal customs as they pertain to family organization or child rearing practices for this purpose; (ii) Any person having substantial experience in the delivery of child and family services to Indians, and extensive knowledge of prevailing social and cultural standards and child rearing practices within the Indian child's tribe; (iii) Any person having substantial experience in the delivery of child and family services to Indians, and knowledge of prevailing social and cultural standards and child rearing practices in Indian tribes with cultural similarities to the Indian child's tribe; or (iv) A professional person having substantial education and experience in the area of his or her specialty. (c) When the petitioner is the department or a supervising agency, the currently assigned department or agency caseworker or the caseworker's supervisor may not testify as a “qualified expert witness” for purposes of this section. Nothing in this section shall bar the assigned department or agency caseworker or the caseworker's supervisor from testifying as an expert witness for other purposes in a proceeding under this chapter. Nothing in this section shall bar other department or supervising agency employees with appropriate expert qualifications or experience from testifying as a “qualified expert witness” in a proceeding under this chapter. Nothing in this section shall bar the petitioner or any other party in a proceeding under this chapter from providing additional witnesses or expert testimony, subject to the approval of the court, on any issue before the court including the determination of whether the continued custody of the child by, or return of the child to, the parent, parents, or Indian custodian, is likely to result in serious emotional or physical damage to the child. Wash. Rev. Code Ann. § 13.38.130 (West) | (f) Qualified expert witness; order of preference. 1. Any party to a proceeding involving the out-of-home placement of, or involuntary termination of parental rights to, an Indian child may call a qualified expert witness. Subject to subd. 2., a qualified expert witness shall be chosen in the following order of preference: a. A member of the Indian child's tribe described in sub. (2)(g)1. b. A member of another tribe described in sub. (2)(g)2. c. A professional person described in sub. (2)(g)3. d. A layperson described in sub. (2)(g)4. 2. A qualified expert witness from a lower order of preference may be chosen only if the party calling the qualified expert witness shows that it has made a diligent effort to secure the attendance of a qualified expert witness from a higher order of preference. A qualified expert witness from a lower order of preference may not be chosen solely because a qualified expert witness from a higher order of preference is able to participate in the Indian child custody proceeding only by telephone or live audiovisual means as prescribed in s. 807.13(2). The fact that a qualified expert witness called by one party is from a lower order of preference under subd. 1. than a qualified expert witness called by another party may not be the sole consideration in weighing the testimony and opinions of the qualified expert witnesses. In weighing the testimony of all witnesses, the court shall consider as paramount the best interests of the Indian child as provided in s. 48.01(2). The court shall determine the qualifications of a qualified expert witness as provided in ch. 907. Wis. Stat. Ann. § 48.028 (West) | ||||||||||||||||||||
57 | 1913(a) Voluntary Proceedings Consent | §1913(a) Consent; record; certification matters; invalid consents Where any parent or Indian custodian voluntarily consents to a foster care placement or to termination of parental rights, such consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the presiding judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent given prior to, or within ten days after, birth of the Indian child shall not be valid. | 23.124 What actions must a State court undertake in voluntary proceedings? (a) The State court must require the participants in a voluntary proceeding to state on the record whether the child is an Indian child, or whether there is reason to believe the child is an Indian child, as provided in § 23.107. (b) If there is reason to believe the child is an Indian child, the State court must ensure that the party seeking placement has taken all reasonable steps to verify the child's status. This may include contacting the Tribe of which it is believed the child is a member (or eligible for membership and of which the biological parent is a member) to verify the child's status. As described in § 23.107, where a consenting parent requests anonymity, a Tribe receiving such information must keep relevant documents and information confidential. (c) State courts must ensure that the placement for the Indian child complies with §§ 23.129–23.132.23.125, 23.126 23.125 (a) A parent's or Indian custodian's consent to a voluntary termination of parental rights or to a foster-care, preadoptive, or adoptive placement must be executed in writing and recorded before a court of competent jurisdiction. (b) Prior to accepting the consent, the court must explain to the parent or Indian custodian: (1) The terms and consequences of the consent in detail; and (2) The following limitations, applicable to the type of child-custody proceeding for which consent is given, on withdrawal of consent: (i) For consent to foster-care placement, the parent or Indian custodian may withdraw consent for any reason, at any time, and have the child returned; or (ii) For consent to termination of parental rights, the parent or Indian custodian may withdraw consent for any reason, at any time prior to the entry of the final decree of termination and have the child returned; or (iii) For consent to an adoptive placement, the parent or Indian custodian may withdraw consent for any reason, at any time prior to the entry of the final decree of adoption, and have the child returned. (c) The court must certify that the terms and consequences of the consent were explained on the record in detail in English (or the language of the parent or Indian custodian, if English is not the primary language) and were fully understood by the parent or Indian custodian. (d) Where confidentiality is requested or indicated, execution of consent need not be made in a session of court open to the public but still must be made before a court of competent jurisdiction in compliance with this section. (e) A consent given prior to, or within 10 days after, the birth of an Indian child is not valid. 23.126 (a) If there are any conditions to the consent, the written consent must clearly set out the conditions. (b) A written consent to foster-care placement should contain, in addition to the information specified in paragraph (a) of this section, the name and birthdate of the Indian child; the name of the Indian child's Tribe; the Tribal enrollment number for the parent and for the Indian child, where known, or some other indication of the child's membership in the Tribe; the name, address, and other identifying information of the consenting parent or Indian custodian; the name and address of the person or entity, if any, who arranged the placement; and the name and address of the prospective foster parents, if known at the time. | Where any parent or Indian custodian voluntarily consents to a foster care placement of an Indian child or to termination of parental rights, such consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the presiding judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent given prior to, or within ten days after, birth of the Indian child shall not be valid. Conn. Gen. Stat. Ann. § P.A. 23-113, § 11 (West) | ICA 232B.7(1) If an Indian child's parent or Indian custodian voluntarily consents to a foster care placement of the child or to termination of parental rights, the consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Notwithstanding section 600A.4 or any other provision of law, any consent for release of custody given prior to, or within ten days after, the birth of the Indian child shall not be valid. | 1. Consent; record; certification matters; invalid consents. When a parent or Indian custodian voluntarily consents to a foster care placement or to termination of parental rights, this consent is not valid unless executed in writing and recorded before a judge of the District Court or Probate Court. The court shall certify in writing that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Consent given prior to, or within 10 days after, birth of an Indian child is not valid. Me. Rev. Stat. tit. 22, § 3946 | MCLA 712B.13(1)-(2) (1) If both parents or Indian custodian voluntarily consent to a petition for guardianship under section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5204 and 700.5205, or if a parent consents to adoptive placement or the termination of his or her parental rights for the express purpose of adoption by executing a release under sections 28 and 29 of chapter X,1 or consent under sections 43 and 44 of chapter X,2 the following requirements must be met: (a) To be valid, consent under this section must be executed on a form approved by the state court administrative office, in writing, recorded before a judge of a court of competent jurisdiction, and accompanied by the presiding judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent given before, or within 10 days after, birth of the Indian child is not valid. (b) Notice of the pending proceeding must be given as prescribed by Michigan supreme court rule, the Indian child welfare act, and section 9 of this chapter.3 (c) The voluntary custody proceeding shall be conducted in accordance with Michigan supreme court rules and the following statutes: (i) In a guardianship proceeding under section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5204 and 700.5205, section 25 of this chapter4 also applies. (ii) In an adoption proceeding, section 27 of this chapter5 also applies. (2) Consent described under subsection (1) must contain the following information: (a) The Indian child's name and date of birth. (b) The name of the Indian child's tribe and any identifying number or other indication of the child's membership in the tribe, if any. (c) The name and address of the consenting parent or Indian custodian. (d) A sworn statement from the translator, if any, attesting to the accuracy of the translation. (e) The signature of the consenting parent, parents, or Indian custodian recorded before the judge, verifying an oath of understanding of the significance of the voluntary placement and the parent's right to file a written demand to terminate the voluntary placement or consent at any time. (f) For consent for voluntary placement of the Indian child in foster care, the name and address of the person or entity who will arrange the foster care placement as well as the name and address of the prospective foster care parents if known at the time. (g) For consent to termination of parental rights or adoption of an Indian child, in addition to the information in subdivisions (a) to (f), the name and address of the person or entity that will arrange the preadoptive or adoptive placement. | Subdivision 1. Determination of Indian child's tribe. The child-placing agency shall follow the notice provisions in section 260.761. Subd. 1b1. Access to files. At any subsequent stage of a child-placing agency's involvement with an Indian child, the child-placing agency shall, upon request, give the Tribal social services agency full cooperation including access to all files concerning the child. If the files contain confidential or private data, the child-placing agency or individual may require execution of an agreement with the Tribal social services agency that the Tribal social services agency shall maintain the data according to statutory provisions applicable to the data. Subd. 2. Notice. When an Indian child is voluntarily placed in foster care, the child-placing agency involved in the decision to place the child shall give notice of the placement to the child's parent, parents, Indian custodian, and the Tribal social services agency within seven days of placement, excluding weekends and holidays. If a child-placing agency makes a temporary voluntary foster care placement pending a decision on adoption by a parent, notice of the placement shall be given to the child's parents, Tribal social services agency, and the Indian custodian upon the filing of a petition for termination of parental rights or three months following the temporary placement, whichever occurs first. Subd. 3. Notice of administrative review. In an administrative review of a voluntary foster care placement, the Tribal social services agency of the child, the Indian custodian, and the parents of the child shall have notice and a right of intervention and participation in the review. Subd. 3a. Court requirements for consent. Where any parent or Indian custodian voluntarily consents to a foster care placement or to termination of parental rights, the consent shall not be valid unless executed in writing and recorded before a judge and accompanied by the presiding judge's finding that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also find that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language the parent or Indian custodian understood. Any consent given prior to, or within ten days after, the birth of an Indian child shall not be valid. Minn. Stat. Ann. § 260.765 (West) | Neb. Rev. St. § 43-1506(1) When any parent or Indian custodian voluntarily consents (a) to a foster care placement or (b) to relinquishment or termination of parental rights, such consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the presiding judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent given prior to, or within ten days after, birth of the Indian child shall not be valid. (2) When the department or the state offers the parent, Indian child, or Indian custodian services through a voluntary foster care placement or in-home services and the department or the state knows or has reason to know that an Indian child is involved, the department or the state shall notify the parent or Indian custodian and the Indian child's tribe or tribes, by telephone call, facsimile transmission, email, or registered mail with return receipt requested, of the provision of services and any pending child custody proceeding. If the identity or location of the parent or Indian custodian and the tribe or tribes cannot be determined, such notice shall be given to the secretary and the appropriate area director listed in 25 C.F.R. 23.11 in like manner who may provide the requisite notice to the parent or Indian custodian and the tribe or tribes. Notice shall be provided within five days after the initiation of voluntary services. (3) When the department or the state offers the parent or Indian custodian services through a voluntary foster care placement or in-home services, the Indian custodian of the child and the Indian child's tribe or tribes have a right to participate in, provide, or consult with the department or the state regarding the provision of voluntary services. (4) When the department or the state offers the parent or Indian custodian services through a voluntary foster care placement or in-home services, the department or the state shall provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family or unite the parent or Indian custodian with the Indian child until these efforts have proved unsuccessful. (5) Prior to any voluntary relinquishment or termination of parental rights proceeding in which the department or the state is a party or was providing assistance to a parent or Indian custodian, the department or the state or its designee shall submit the following information, in writing, to the court if it has not previously been provided: (a) The jurisdictional authority of the court in the proceeding; (b) The date of the Indian child's birth and the date of any voluntary consent to relinquishment or termination; (c) The age of the Indian child at the time voluntary consent was given; (d) The date the parent appeared in court and was informed by the judge of the terms and consequences of any voluntary consent to relinquishment or termination; (e) The parent fully understood the explanation of such terms and consequences in English or, when necessary, the explanation was interpreted into a language that the parent understood and the parent fully understood the explanation of such terms and consequences in the language into which such terms and consequences were translated; (f) The name and address of any prospective adoptive parent whose identity is known to the consenting parent; (g) The promises, if any, made to the parent, as a condition of the parent's consent, including promises regarding the tribal affiliation or health, ethnic, religious, economic, or other personal characteristics of any adoptive family with which the child would be placed; and (h) The details, if any, of an enforceable communication or contact agreement authorized by section 43-162. Neb. Rev. Stat. Ann. § 43-1506 (West) | A. Prior to entering any voluntary placement agreement, the department shall make active efforts to prevent the breakup of the Indian family pursuant to the Indian Family Protection Act. B. In a voluntary foster care placement involving an Indian child, an Indian child's parent or guardian may enter into a voluntary placement agreement with the department. An Indian child's parent's or guardian's consent is voidable unless it is executed in writing and recorded before the court. C. The department shall notify the Indian child's tribe by certified mail, with return receipt requested, of the pending voluntary placement agreement and of the Indian child's tribe's right to intervene. D. Before approving a voluntary placement agreement, the court shall ensure that the voluntary placement agreement is executed in writing. The court shall certify on the record that: (1) the terms and consequences of the consent were fully explained in detail and in a manner that is understandable to the parent or guardian; (2) the Indian child's parent or guardian fully understands the English language or that the voluntary placement agreement was interpreted into the primary language of the Indian child's parent or guardian; (3) the child is an Indian child; (4) there is no pending child abuse or neglect investigation involving the Indian child; (5) the Indian child's parent or guardian is voluntarily entering into the voluntary placement without any threat of removal of the Indian child by the department; (6) the department provided notice to the Indian child's tribe via certified or registered mail with return receipt requested; (7) confidentiality has been requested or indicated and execution of consent was made in a closed court proceeding not open to the public; (8) if not represented, the Indian child's parent or guardian is proceeding without an attorney and has the right to consult with an attorney of the Indian child's parent's or guardian's own choosing; and (9) the Indian child's parent or guardian is of sound mind and judgment. E. The request for voluntary placement shall be initiated in writing by the Indian child's parent or guardian, and if good cause is shown and the requirements of Subsection D of this section are met, the department may accept temporary custody or placement and care responsibility. Placement and care responsibility means that the department is legally accountable for the day-to-day care and protection of the Indian child in foster care. Responsibility for placement and care allows the department to make placement decisions about the Indian child, such as where the child is placed and the type of placement that is most appropriate for the Indian child. F. During voluntary placement, the department shall make active efforts to provide tailored case planning to alleviate the causes and conditions leading to the voluntary placement agreement. N.M. Stat. Ann. § 32A-28-18 (West) | 1. A voluntary consent by a parent or Indian custodian to a foster care or nonfoster care placement of an Indian child is not valid unless the consent or delegation is executed in writing, recorded before a judge, and accompanied by a written certification by the judge that the terms and consequences of the consent or delegation were fully explained in detail to and were fully understood by the parent or Indian custodian. The judge also shall certify the parent or Indian custodian fully understood the explanation in English or that the explanation was interpreted into a language the parent or Indian custodian understood. Any consent or delegation of powers given under this subsection before or within ten days after the birth of the Indian child is not valid. A parent or Indian custodian who has executed a consent or delegation of powers under this subsection may withdraw the consent or delegation for any reason at any time, and the Indian child must be returned to the parent or Indian custodian. A parent or Indian custodian who has executed a consent or delegation of powers under this subsection also may move to invalidate the out-of-home care placement. | (3)(a) When a child is placed pursuant to a voluntary placement agreement, the department shall make inquiries, as described in ORS 419B.636 (2), to determine whether the department has reason to know that the child is an Indian child. (b) If the department has reason to know that the child is an Indian child, the placement agreement must be executed in person before the juvenile court, consistent with this subsection, and the placement must be approved by the court. (c) At a hearing, the juvenile court shall explain to the Indian child's parent or Indian custodian, on the record in detail and in the language of the parent or Indian custodian, the parent's right to legal counsel, the terms and consequences of the voluntary placement agreement, including that if the Indian child remains in custody for more than 12 months, the court will hold a permanency hearing that could eventually result in the termination of parental rights, and the court must inform the parent or Indian custodian that the voluntary placement agreement may be revoked at any time prior to an entry of a final decree of termination of parental rights and have the child returned to the parent's custody. The parent or Indian custodian must execute the voluntary placement agreement before the court. The parent or Indian custodian shall file the voluntary placement agreement with the court. The court shall certify that the court provided the explanation consistent with the requirements under this paragraph and that the parent or Indian custodian fully understood the explanation. (d) The juvenile court may approve the voluntary placement agreement if: (A) The court finds that the Indian child's parent or Indian custodian entered into the voluntary placement agreement without a threat of removal by the Department of Human Services or an Oregon licensed adoption agency; and (B) The proposed placement conforms with the placement preferences described in ORS 419B.654. Or. Rev. Stat. Ann. § 418.312 (West) | RCWA 13.38.150(1) If an Indian child's parent or Indian custodian voluntarily consents to a foster care placement of the child or to termination of parental rights, the consent is not valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court must also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent for release of custody given prior to, or within ten days after, the birth of the Indian child shall not be valid. | 48.028(5)(a)-(b) (a) Out-of-home care placement. A voluntary consent by a parent or Indian custodian to an out‐of‐home care placement of an Indian child under s. 48.63 (1) (a) or (b) or (5) (b) or a delega on of powers by a parent regarding the care and custody of an Indian child under s. 48.979 is not valid unless the consent or delega on is executed in wri ng, recorded before a judge, and accompanied by a wri en cer fica on by the judge that the terms and consequences of the consent or delega on were fully explained in detail to and were fully understood by the parent or Indian custodian. The judge shall also cer fy that the parent or Indian custodian fully understood the explana on in English or that the explana on was interpreted into a language that the parent or Indian custodian understood. Any consent or delega on of powers given under this paragraph prior to or within 10 days a er the birth of the Indian child is not valid. A parent or Indian custodian who has executed a consent or delega on of powers under this paragraph may withdraw the consent or delega on for any reason at any me, and the Indian child shall be returned to the parent or Indian custodian. A parent or Indian custodian who has executed a consent or delega on of powers under this paragraph may also move to invalidate the out‐of‐home care placement or delega on of powers under sub. (6). (b) Termination of parental rights. A voluntary consent by a parent to a termina on of parental rights under s. 48.41 (2) (e) is not valid unless the consent is executed in wri ng, recorded before a judge, and accompanied by a wri en cer fica on by the judge that the terms and consequences of the consent were fully explained in detail to and were fully understood by the parent. The judge shall also cer fy that the parent fully understood the explana on in English or that the explana on was interpreted into a language that the parent understood. Any consent given under this paragraph prior to or within 10 days a er the birth of the Indian child is not valid. A parent who has executed a consent under this paragraph may withdraw the consent for any reason at any me prior to the entry of a final order termina ng parental rights, and the Indian child shall be returned to his or her parent unless an order or agreement specified in s. 48.368 (1) or 938.368 (1) provides for a different placement. A er the entry of a final order termina ng parental rights, a parent who has executed a consent under this paragraph may withdraw that consent as provided in par. (c), move to invalidate the termina on of parental rights under sub. (6), or move for relief from the judgment under s. 48.46 (2). | (a) Where any parent or Indian custodian voluntarily consents to a shelter care placement or the termination of parental rights involving an Indian child, the consent shall not be valid unless executed in writing and recorded before a court of competent jurisdiction and accompanied by the court's certification that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent under this subsection given prior to or within ten (10) days after the birth of the Indian child shall not be valid. Wyo. Stat. Ann. § 14-6-705 (West) | ||||||||||||||||||
58 | 1913(b) Voluntary Proceedings Withdrawl of Consent | §1913(b) Foster care placement; withdrawal of consent Any parent or Indian custodian may withdraw consent to a foster care placement under State law at any time and, upon such withdrawal, the child shall be returned to the parent or Indian custodian. | 23.127 (a) The parent or Indian custodian may withdraw consent to voluntary foster-care placement at any time. (b) To withdraw consent, the parent or Indian custodian must file a written document with the court or otherwise testify before the court. Additional methods of withdrawing consent may be available under State law. (c) When a parent or Indian custodian withdraws consent to a voluntary foster-care placement, the court must ensure that the Indian child is returned to that parent or Indian custodian as soon as practicable. | Any parent or Indian custodian who voluntarily consents to a foster care placement under state law may withdraw such consent at any time and, upon such withdrawal, the Indian child shall be returned to the parent or Indian custodian. Conn. Gen. Stat. Ann. § P.A. 23-113, § 12 (West) | ICA 232B.7(2) An Indian child's parent or Indian custodian may withdraw consent to a foster care placement at any time and, upon the withdrawal of consent, the child shall be returned to the parent or Indian custodian. | 2. Foster care placement; withdrawal of consent; return of custody. Any parent or Indian custodian may withdraw consent to a voluntary foster care placement under the laws of this State at any time and, upon such withdrawal, the Indian child must be returned to the parent or Indian custodian. Me. Rev. Stat. tit. 22, § 3946 | MCLA 712B.13(4) A parent or Indian custodian who executes a consent under this section for the purpose of guardianship may withdraw his or her consent at any time by sending written notice to the court substantially in compliance on a form approved by the state court administrative office that the parent or Indian custodian revokes consent and wants his or her Indian child returned. | Subd. 4. Withdrawal of consent to voluntary placement; return of child in voluntary placement. Any parent or Indian custodian may withdraw consent to a child placement at any time and, upon the withdrawal of consent, the child shall be returned to the parent or the Indian custodian. Upon demand by the parent or Indian custodian of an Indian child, the child-placing agency that placed the child shall return the child in voluntary foster care placement to the parent or Indian custodian within 24 hours of the receipt of the demand. If the request for return does not satisfy the requirement of section 260.755, subdivision 5, the child-placing agency shall immediately inform the parent or Indian custodian of the Indian child of the requirement. Subd. 4a. Withdrawal of consent to voluntary termination of parental rights or adoptive placement; return of custody. In any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent. Minn. Stat. Ann. § 260.765 (West) | Section 15. Consent. (1) At an involuntary foster care placement hearing, a stipulation or consent by the parent or Indian custodian is not valid unless the court certifies on the record that the terms and consequences of the stipulation or consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall certify on the record that the parent or Indian custodian fully understood the explanation in English or that the explanation was translated into a language that the parent or Indian custodian understood. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1506(6) Any parent or Indian custodian may withdraw consent to a foster care or voluntary foster care placement under state law at any time and, upon such withdrawal, the child shall be returned to the parent or Indian custodian. | Sec. 46. 1. A petition to vacate a judgment of adoption of an Indian child under this chapter may be filed in a court of competent jurisdiction by a parent who consented to the adoption. 2. Upon the filing of a petition under this section, the court shall set a time for a hearing on the petition and provide notice of the petition and hearing to each party to the adoption proceeding and to the Indian child's tribe. 3. After a hearing on the petition, the court shall vacate the judgment of adoption if: (a) The petition is filed not later than 2 years following the date of the judgment; and (b) The court finds by clear and convincing evidence that the parent's consent was obtained through fraud or duress. 4. When the court vacates a judgment of adoption under this section, the court shall also order that the parental rights of the parent whose consent the court found was obtained through fraud or duress be restored. The order restoring parental rights under this section must include a plan for the physical custody of the Indian child, whether the Indian child will be placed with an agency which provides child welfare services or with the parent. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | G. Any consent to a foster care placement that is given prior to or within ten days after birth of an Indian child is voidable. H. An Indian child's parent or guardian may withdraw consent to a voluntary foster care placement of an Indian child pursuant to the Children's Code at any time. Upon receipt of a request to withdraw, the Indian child shall be returned to the Indian child's parent or guardian. The department shall have up to forty-eight hours after withdrawal of consent to allow for transition arrangements to be made for the Indian child's return to the Indian child's parent or guardian. N.M. Stat. Ann. § 32A-28-18 (West) | See Section 1, (1913(a)) | (e) An Indian child's parent or Indian custodian may terminate the voluntary placement agreement at any time prior to an entry of an order terminating parental rights. To terminate the voluntary placement agreement, the parent or Indian custodian must file a written notice of termination with the juvenile court or otherwise testify before the court. The court shall promptly notify the department of the termination and order the immediate return of the Indian child to the physical custody of the Indian child's parent or Indian custodian. Or. Rev. Stat. Ann. § 418.312 (West) | RCWA 13.38.150(2) An Indian child's parent or Indian custodian may withdraw consent to a voluntary foster care placement at any time and, upon the withdrawal of consent, the child shall be returned to the parent or Indian custodian. | (b) Any parent or Indian custodian may withdraw consent to a shelter care placement at any time. Upon withdrawal of consent under this subsection, the Indian child shall be returned to the parent or Indian custodian. Wyo. Stat. Ann. § 14-6-705 (West) | |||||||||||||||||
59 | 1913(c) Voluntary Adoption | §1913(c) Voluntary termination of parental rights or adoptive placement; withdrawal of consent; return of custody In any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent. | 23.128 (a) A parent may withdraw consent to voluntary termination of parental rights at any time prior to the entry of a final decree of termination. (b) A parent or Indian custodian may withdraw consent to voluntary adoption at any time prior to the entry of a final decree of adoption. (c) To withdraw consent prior to the entry of a final decree of adoption, the parent or Indian custodian must file a written document with the court or otherwise testify before the court. Additional methods of withdrawing consent may be available under State law. (d) The court in which the withdrawal of consent is filed must promptly notify the person or entity who arranged any voluntary preadoptive or adoptive placement of such filing, and the Indian child must be returned to the parent or Indian custodian as soon as practicable. | In any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent. Conn. Gen. Stat. Ann. § P.A. 23-113, § 13 (West) | ICA 232B.7(3) In a voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent. | 3. Voluntary termination of parental rights or adoptive placement; withdrawal of consent; return of custody. In any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent or Indian custodian may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the Indian child must be returned to the parent or Indian custodian. Me. Rev. Stat. tit. 22, § 3946 | MCLA 712B.13(3)&(6) (3) If the placement is for purposes of adoption, a consent under subsection (1) of the Indian child's parent must be executed in conjunction with either a consent to adopt, as required by sections 43 and 44 of chapter X, or a release, as required by sections 28 and 29 of chapter X. A parent who executes a consent under this section may withdraw his or her consent at any time before entry of a final order of adoption by filing a written demand requesting the return of the Indian child. Once a demand is filed with the court, the court shall order the return of the Indian child. Withdrawal of consent under this section constitutes a withdrawal of a release executed under sections 28 and 29 of chapter X or a consent to adopt executed under sections 43 and 44 of chapter X. (6) A parent who executes a consent to adoption under sections 43 and 44 of chapter X may withdraw that consent at any time before entry of a final order for adoption by filing notification of the withdrawal of consent with the court. In a direct placement, as defined in section 22(o) of chapter X,8 a consent by a parent or guardian shall be accompanied by a verified statement signed by the parent or guardian that contains all of the following: (a) That the parent or guardian has received a list of community and federal resource supports and a copy of the written document described in section 6(1)(c) of the foster care and adoption services act, 1994 PA 204, MCL 722.956. (b) As required by sections 29 and 44 of chapter X, that the parent or guardian has received counseling related to the adoption of his or her Indian child or waives the counseling with the signing of the verified statement. (c) That the parent or guardian has not received or been promised any money or anything of value for the consent to adoption of the Indian child, except for lawful payments that are itemized on a schedule filed with the consent. (d) That the validity and finality of the consent are not affected by any collateral or separate agreement between the parent or guardian and the adoptive parent. (e) That the parent or guardian understands that it serves the welfare of the Indian child for the parent to keep the child placing agency, court, or department informed of any health problems that the parent develops that could affect the Indian child. (f) That the parent or guardian understands that it serves the welfare of the Indian child for the parent or guardian to keep his or her address current with the child placing agency, court, or department in order to permit a response to any inquiry concerning medical or social history from an adoptive parent of a minor adoptee or from an adoptee who is 18 years or older. | Subd. 4a. Withdrawal of consent to voluntary termination of parental rights or adoptive placement; return of custody. In any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent. Minn. Stat. Ann. § 260.765 (West) | (2) In a voluntary proceeding for foster care placement or termination of parental rights, consent by a parent or Indian custodian is not valid unless the consent is: (a) executed in writing and recorded before a judge of a court of competent jurisdiction; and (b) accompanied by the judge's written certificate that: (i) the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian; and (ii) the parent or Indian custodian fully understood the explanation in English or that the explanation was translated into a language that the parent or Indian custodian understood. (3) Voluntary consent for release of custody given prior to or within 10 days after the birth of an Indian child may not be considered valid. (4) An Indian child's parent or Indian custodian may withdraw consent to a voluntary foster care placement at any time. On withdrawal of consent, the Indian child must be returned to the parent or Indian custodian. (5) In a voluntary proceeding for termination of parental rights to or adoptive placement of an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of an order terminating parental rights or a final decree of adoption, and the Indian child must be returned to the parent. (6)(a) After the entry of a final decree of adoption of an Indian child, the parent may withdraw consent to the adoption on the grounds that consent was obtained through fraud or duress. On a finding that consent was obtained through fraud or duress, the court shall vacate the decree and return the Indian child to the parent. (b) An adoption that has been effective for at least 2 years may not be invalidated under this section unless otherwise allowed by law. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1506(7) In any voluntary proceedings for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent. | Sec. 43. 1. If a petition for adoption of a child concerns the adoption of an Indian child, except as otherwise provided in subsection 4 and unless the parental rights of the Indian child's parents have been terminated, consent in writing to the adoption must be given by the Indian child's parents. Such written consent must be filed with the court. 2. An Indian child's parent may consent to the adoption of the Indian child at any time not less than 10 days following the date of the Indian child's birth by executing the consent in person before the court on the record. 3. Before the execution of a parent's consent under subsection 2, the court must explain to the parent on the record in detail and in the language of the parent: (a) The right to legal counsel; (b) The terms and consequences of the consent in detail; and (c) That at any time before the entry of the judgment of adoption, the parent may withdraw consent for any reason and petition the court to have the child returned. 4. After the execution of a parent's consent under subsection 2, the court shall certify that the court made the explanation under subsection 3 and that the parent fully understood the explanation. 5. At any time before the entry of a judgment of adoption, an Indian child's parent may withdraw the parent's consent under this section. The withdrawal of consent must be made by filing the written withdrawal with the court or by making a statement of withdrawal on the record in the adoption proceeding. Upon entry of the withdrawal of consent, the court must promptly notify the person or entity that arranged the adoptive placement to regain custody and control of the Indian child. A parent who withdraws his or her consent may petition the court for the return of the child. 6. As used in this section, "parent" has the meaning ascribed to it in section 14 of this act. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | 2. A voluntary consent by a parent to a termination of parental rights under subdivision d of subsection 1 of section 27-20.3-20 is not valid unless the consent is executed in writing, recorded before a judge, and accompanied by a written certification by the judge that the terms and consequences of the consent were fully explained in detail to and were fully understood by the parent. The judge also shall certify the parent fully understood the explanation in English or that the explanation was interpreted into a language that the parent understood. Consent given under this subsection before or within ten days after the birth of the Indian child is not valid. A parent who has executed a consent under this subsection may withdraw the consent for any reason at any time before the entry of a final order terminating parental rights, and the Indian child must be returned to the Indian child's parent. | (6)(a) Notwithstanding subsections (1) and (4) of this section, if the agency has reason to know that a child being released or surrendered is an Indian child: (A) The release, surrender or certificate of irrevocability and waiver must be executed before a court, consistent with this subsection; and (B) The agency shall petition the court to hold a hearing in which the child's parent may execute the release, surrender or certificate of irrevocability and waiver. Or. Rev. Stat. Ann. § 418.270 (West) | RCWA 13.38.150(3) In a voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of an order terminating parental rights or a final decree of adoption, and the child shall be returned to the parent. | (c) In any voluntary proceeding for the relinquishment and consent to adoption of an Indian child, the consent of the parent may be withdrawn for any reason at any time before the entry of a final decree of termination or adoption and, upon the withdrawal of consent, the child shall be returned to the parent. Wyo. Stat. Ann. § 14-6-705 (West) | ||||||||||||||||||
60 | 1913(d) Collateral Attack | §1913(d) Collateral attack; vacation of decree and return of custody; limitations After the entry of a final decree of adoption of an Indian child in any State court, the parent may withdraw consent thereto upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate such decree. Upon a finding that such consent was obtained through fraud or duress, the court shall vacate such decree and return the child to the parent. No adoption which has been effective for at least two years may be invalidated under the provisions of this subsection unless otherwise permitted under State law. | 23.136 What are the requirements for vacating an adoption based on consent having been obtained through fraud or duress? (a) Within two years after a final decree of adoption of any Indian child by a State court, or within any longer period of time permitted by the law of the State, the State court may invalidate the voluntary adoption upon finding that the parent's consent was obtained by fraud or duress. (b) Upon the parent's filing of a petition to vacate the final decree of adoption of the parent's Indian child, the court must give notice to all parties to the adoption proceedings and the Indian child's Tribe and must hold a hearing on the petition. (c) Where the court finds that the parent's consent was obtained through fraud or duress, the court must vacate the final decree of adoption, order the consent revoked, and order that the child be returned to the parent. | After the entry of a final decree of adoption of an Indian child in any state court, the parent may withdraw consent thereto upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate such decree. Upon a finding that such consent was obtained through fraud or duress, the court shall vacate such decree and return the child to the parent. No adoption that has been effective for at least two years may be invalidated under the provisions of this section unless otherwise permitted under state law. Conn. Gen. Stat. Ann. § P.A. 23-113, § 14 (West) | ICA 232B.7(4) After the entry of a final decree of adoption of an Indian child, the parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate the decree. Upon a finding that such consent was obtained through fraud or duress, the court shall vacate the decree and return the child to the parent. However, an adoption which has been effective for at least two years shall not be invalidated under the provisions of this subsection unless otherwise permitted under state law. | 4. Collateral attack; vacation of decree and return of custody; limitations. After the entry of a final decree of adoption of an Indian child in the District Court or Probate Court in a voluntary proceeding, the parent or Indian custodian may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate the decree. Upon a finding by clear and convincing evidence that the consent was obtained through fraud or duress, the court shall vacate the decree and return the Indian child to the parent or Indian custodian. An adoption that has been effective for 2 years or longer may not be invalidated under the provisions of this subsection. Me. Rev. Stat. tit. 22, § 3946 | MCLA 712B.27(5) After the entry of a final order of adoption of an Indian child in any state court, the parent may withdraw consent on the grounds that consent was obtained through fraud or duress and may petition the court to vacate the final order of adoption. Upon a finding that the consent was obtained through fraud or duress, the court shall vacate the final order of adoption and return the child to the parent. No adoption that has been effective for at least 2 years may be invalidated under the provisions of this subsection unless otherwise permitted under state law. | Subd. 4b. Collateral attack; vacation of decree and return of custody; limitations. After the entry of a final decree of adoption of an Indian child in any state court, the parent may withdraw consent upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate the decree. Upon a finding that consent was obtained through fraud or duress, the court shall vacate the decree and return the child to the parent. No adoption that has been effective for at least two years may be invalidated under the provisions of this subdivision unless otherwise permitted under a provision of state law. Minn. Stat. Ann. § 260.765 (West) | Neb. Rev. St. § 43-1506(8) After the entry of a final decree of adoption of an Indian child in any state court, the parent may withdraw consent thereto upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate such decree. Upon a finding that such consent was obtained through fraud or duress, the court shall vacate such decree and return the child to the parent. No adoption which has been effective for at least two years may be invalidated under the provisions of this subsection unless otherwise permitted under state law. | G. After the entry of a final decree of adoption of an Indian child in a court that is made pursuant to the Adoption Act, the parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate the decree. Upon a finding that the consent was obtained through fraud or duress, the court shall vacate the decree and return the Indian child to the parent. An adoption that has been in effect for at least two years shall not be invalidated except as otherwise provided by law. N.M. Stat. Ann. § 32A-28-19 (West) | RCWA 13.38.150(4) After the entry of a final decree of adoption of an Indian child, the parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress. Upon a finding that such consent was obtained through fraud or duress the court shall vacate the decree and return the child to the parent. No adoption which has been effective for at least two years may be invalidated under this section unless otherwise allowed by state law. | 48.028(5)(c) Withdrawal of consent after order granting adoption. After the entry of a final order granting adoption of an Indian child, a parent who has consented to termination of parental rights under s. 48.41 (2) (e) may withdraw that consent and move the court for relief from the judgment on the grounds that the consent was obtained through fraud or duress. Any such motion shall be filed within 2 years after the entry of an order granting adoption of the Indian child. A motion under this subsection does not affect the finality or suspend the opera on of the judgment or order terminating parental rights or granting adoption. If the court finds that the consent was obtained through fraud or duress, the court shall vacate the judgment or order terminating parental rights and, if applicable, the order granting adoption and return the Indian child to the custody of the parent, unless an order or agreement specified in s. 48.368 (1) or 938.368 (1) that was in effect prior to the termination of parental rights provides for a different placement. | (d) After the entry of a final decree of adoption of an Indian child in any state court, the parent shall only withdraw consent upon the grounds that the consent was obtained through fraud or duress and may petition the court to vacate the adoption decree on those grounds. Upon finding that the consent was obtained through fraud or duress, the court shall vacate the adoption decree and return the child to the parent. No adoption that has been effective for at least two (2) years shall be invalidated under this subsection unless otherwise permitted by state law. Wyo. Stat. Ann. § 14-6-705 (West) | ||||||||||||||||||||
61 | 1914 Invalidation | §1914 Any Indian child who is the subject of any action for foster care placement or termination of parental rights under State law, any parent or Indian custodian from whose custody such child was removed, and the Indian child's tribe may petition any court of competent jurisdiction to invalidate such action upon a showing that such action violated any provision of sections 1911, 1912, and 1913 of this title. | 23.137 (a) Any of the following may petition any court of competent jurisdiction to invalidate an action for foster-care placement or termination of parental rights under state law where it is alleged that 25 U.S.C. 1911, 1912, or 1913 has been violated: (1) An Indian child who is or was the subject of any action for foster-care placement or termination of parental rights; (2) A parent or Indian custodian from whose custody such child was removed; and (3) The Indian child's Tribe. (b) Upon a showing that an action for foster-care placement or termination of parental rights violated any provision of 25 U.S.C. 1911, 1912, or 1913, the court must determine whether it is appropriate to invalidate the action. (c) To petition for invalidation, there is no requirement that the petitioner's rights under ICWA were violated; rather, a petitioner may challenge the action based on any violations of 25 U.S.C. 1911, 1912, or 1913 during the course of the child-custody proceeding. | Any Indian child who is the subject of any action for foster care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody such child was removed, and the Indian child's tribe may petition any court of competent jurisdiction to invalidate such action upon a showing that such action violated any provision of state or federal law. Conn. Gen. Stat. Ann. § P.A. 23-113, § 15 (West) | 2. A court of competent jurisdiction shall vacate a court order and remand the case for appropriate disposition for any of the following violations of this chapter: a. Failure to notify an Indian parent, Indian custodian, or tribe. b. Failure to recognize the jurisdiction of an Indian tribe. c. Failure, without cause as specified under this chapter, to transfer jurisdiction to an Indian tribe appropriately seeking transfer. d. Failure to give full faith and credit to the public acts, records, or judicial proceedings of an Indian tribe. e. Failure to allow intervention by an Indian custodian or Indian tribe, or if applicable, an extended family member. f. Failure to return the child to the child's parent or Indian custodian when removal or placement is no longer necessary to prevent imminent physical damage or harm. g. Failure to provide the testimony of qualified expert witnesses as required by this chapter. h. Any other violation that is not harmless error, including but not limited to a failure to comply with 25 U.S.C. § 1911, 1912, 1913, 1915, 1916, or 1917. Iowa Code Ann. § 232B.14 (West) | An Indian child who is the subject of an action for foster care placement or termination of parental rights under the laws of this State, a parent or Indian custodian from whose custody the Indian child was removed under the laws of this State and the Indian child's tribe may petition the District Court to invalidate the action upon a showing by clear and convincing evidence that the action violated any provision of sections 3944 to 3946. Me. Rev. Stat. tit. 22, § 3947 | MCLA 712B.15(5) Any Indian child who is the subject of any action for termination of parental rights under state law, any parent or Indian custodian from whose custody the Indian child was removed, and the Indian child's tribe may petition any court of competent jurisdiction to invalidate the action upon a showing that the action violated any provision of this section. 712B.39 Invalidation of actions; petition. Sec. 39. Any Indian child who is the subject of an action for foster care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody an Indian child was removed, and the Indian child's tribe may petition any court of competent jurisdiction to invalidate the action upon a showing that the action violated any provision of sections 7, 9, 11, 13, 15, 21, 23, 25, 27, and 29 of this chapter. | Subd. 2. Invalidation. (a) Any order for out-of-home placement, transfer of custody, termination of parental rights, or other permanent change in custody of an Indian child shall be invalidated upon a showing, by a preponderance of the evidence, that a violation of any one of the provisions in section 260.761, 260.7611, 260.762, 260.765, or 260.771 has occurred. (b) The Indian child, the Indian child's parent or parents, guardian, Indian custodian, or Indian Tribe may file a petition to invalidate under this subdivision. (c) Upon a finding that a violation of one of the provisions in section 260.761, 260.7611, 260.762, 260.765, or 260.771 has occurred, the court shall: (1) dismiss the petition without prejudice; and (2) return the Indian child to the care, custody, and control of the parent or parents or Indian custodian, unless the Indian child would be subjected to imminent damage or harm. Minn. Stat. Ann. § 260.774 (West) | Neb. Rev. St. § 43-1507 Any Indian child who is the subject of any action for foster care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody such child was removed, and the Indian child's primary tribe may petition any court of competent jurisdiction to invalidate such action upon a showing that such action violated any provision of sections 43-1504 to 43-1506. | Sec. 38. 1. A petition to vacate an order or a judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termination of parental rights may be filed in a pending child custody proceeding involving the Indian child or, if none, in any court of competent jurisdiction by: (a) The Indian child who was alleged to be within the jurisdiction of the court; (b) The Indian child's parent or Indian custodian from whose custody such child was removed or whose parental rights were terminated; or (c) The Indian child's tribe. 2. The court shall vacate an order or judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termination of parental rights if the court determines that any provision of section 26 or 27, subsection 2 or 5 of section 31, paragraph (a) or (b) of subsection 3 of section 31, subsection 1 of section 35 or section 36 of this act or, if required, subsection 2 of section 32 or section 33 or 37 of this act has been violated and the court determines it is appropriate to vacate the order or judgment. 3. If the vacated order or judgment resulted in the removal or placement of the Indian child, the court shall order the child immediately returned to the Indian child's parent or Indian custodian and the court's order must include a transition plan for the physical custody of the child, which may include protective supervision. 4. If the vacated order or judgment terminated parental rights, the court shall order the previously terminated parental rights to be restored. 5. If the State or any other party affirmatively asks the court to reconsider the issues under the vacated order or judgment, the court's findings or determinations must be readjudicated. 6. As used in this section, "termination of parental rights" includes, without limitation, the involuntary termination of parental rights under chapter 128 or 432B of NRS. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | An Indian child who is the subject of a child custody proceeding, a parent, guardian or Indian custodian from whose custody the child was removed or the Indian child's tribe may petition the court to invalidate that action upon a showing that the action violated any provision of Section 4, 5, 7, 9, 12, 13, 14, 16, 17, 18, 19, 21, 28, 34 or 35 of the Indian Family Protection Act. N.M. Stat. Ann. § 32A-28-20 (West) | SECTION 22. Improper placements or terminations of parental rights involving Indian children. (1) A petition to invalidate the placement of an Indian child, the guardianship of an Indian child or the termination of parental rights involving an Indian child may be filed in any court of competent jurisdiction by: (a) An Indian child who is or was under the jurisdiction of the juvenile court under ORS chapter 419B; (b) The Indian child’s parent or Indian custodian from whose custody such child was removed; or (c) The Indian child’s tribe. (2)(a) The court shall invalidate the placement of an Indian child, the guardianship of an Indian child or the termination of parental rights involving an Indian child if the court determines that any provision of sections 12, 13, 16 (2), (3)(a) or (b), (5)(a), 20 (1) or 21 of this 2020 special session Act, ORS 418.312 or, where required, section 17 (2), 18 or 23 of this 2020 special session Act has been violated. (b) The proceeding that led to the violation must be vacated and, if the proceeding led to the removal or placement of the Indian child, the court shall order the child immediately returned to the Indian child’s parent or Indian custodian, and any issues determined must be relitigated. (3)(a) If any party to a proceeding under ORS chapter 419B involving an Indian child asserts or the court has reason to believe that the Indian child may have been improperly retained following a visit or temporary relinquishment of custody or improperly removed, the court shall expeditiously determine whether the Indian child was improperly retained or improperly removed. (b) If the court finds that the Indian child was improperly retained or improperly removed, the court shall terminate the proceeding and order the Department of Human Services to immediately return the Indian child to the Indian child’s parent or Indian custodian, unless the court determines by clear and convincing evidence that doing so would subject the Indian child to substantial and immediate danger or a threat of substantial and immediate danger. | 48.028(6) INVALIDATION OF ACTION. Any Indian child who is the subject of an out‐of‐home care placement, of a delega on of powers under s. 48.979, or of a termination of parental rights proceeding, any parent or Indian custodian from whose custody that Indian child was removed, or the Indian child's tribe may move the court to invalidate that out‐of‐home care placement, delegation of powers, or termination of parental rights on the grounds that the out‐of‐home care placement or delega on of powers was made or the termination of parental rights was ordered in violation of 25 USC 1911, 1912, or 1913. If the court finds that those grounds exist, the court shall invalidate the out‐of‐home care placement, delegation of powers, or termination of parental rights. | Any Indian child who is the subject of any action for shelter care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody the child was removed and the Indian child's tribe may petition a court of competent jurisdiction to invalidate the action upon a showing that the action violated any provision of W.S. 14-6-703 through 14-6-705. Wyo. Stat. Ann. § 14-6-706 (West) | |||||||||||||||||||
62 | 1915(a) Placement Preferences Adoption | §1915(a) Adoptive placements; preferences In any adoptive placement of an Indian child under State law, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a member of the child's extended family; (2) other members of the Indian child's tribe; or (3) other Indian families. | 23.129 (a) In any preadoptive, adoptive, or foster-care placement of an Indian child, the placement preferences specified in § 23.130 and § 23.131 apply. (b) Where a consenting parent requests anonymity in a voluntary proceeding, the court must give weight to the request in applying the preferences. (c) The placement preferences must be applied in any foster-care, preadoptive, or adoptive placement unless there is a determination on the record that good cause under § 23.132 exists to not apply those placement preferences. 23.130 (a) In any adoptive placement of an Indian child under State law, where the Indian child's Tribe has not established a different order of preference under paragraph (b) of this section, preference must be given in descending order, as listed below, to placement of the child with: (1) A member of the Indian child's extended family; (2) Other members of the Indian child's Tribe; or (3) Other Indian families. (b) If the Indian child's Tribe has established by resolution a different order of preference than that specified in ICWA, the Tribe's placement preferences apply. (c) The court must, where appropriate, also consider the placement preference of the Indian child or Indian child's parent. | (c) In any adoptive placement of an Indian child, preference shall be given to a placement with one of the following, in descending priority order: (1) A member of the child's extended family, as defined in Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (2) Other members or citizens of the child's tribe. (3) Another Indian family. Cal. Welf. & Inst. Code § 361.31 (West) | In any adoptive placement of an Indian child under state law, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a member of the child's extended family; (2) other members of the Indian child's tribe; or (3) other Indian families. Conn. Gen. Stat. Ann. § P.A. 23-113, § 16 (West) | ICA 232B.9(1) In any adoptive or other permanent placement of an Indian child, preference shall be given to a placement with one of the following, in descending priority order: a. A member of the Indian child's family. b. Other members of the Indian child's tribe. c. Another Indian family. d. A non-Indian family approved by the Indian child's tribe. e. A non-Indian family that is committed to enabling the child to have extended family visitation and participation in the cultural and ceremonial events of the child's tribe. | 1. Adoptive placements; preferences. In an adoptive placement of an Indian child under the laws of this State, placement preference must be given, in the absence of good cause to the contrary, in descending order, as listed below: A. An extended family member of the Indian child; B. Another member or citizen of the Indian child's tribe; C. A member or citizen of an Indian tribe in which the Indian child is eligible for membership or citizenship, but that is not the Indian child's tribe; D. Another Indian with whom the Indian child has a relationship; or E. Another Indian from a tribe that is culturally similar to or linguistically connected to the Indian child's tribe. Me. Rev. Stat. tit. 22, § 3948 | MCLA 712B.23(2) Absent good cause to the contrary, the adoptive placement of an Indian child must be in the following order of preference: (a) A member of the child's extended family. (b) A member of the Indian child's tribe. (c) An Indian family. | Subd. 7. Order of placement preference; deviation. (a) In all proceedings where custody of the Indian child may be removed from the parent, the Indian child shall be placed in the least restrictive setting which most approximates a family and in which the Indian child's special needs, if any, may be met. The Indian child shall also be placed within reasonable proximity to the Indian child's home, taking into account any special needs of the Indian child. (b) In the case of a placement under paragraph (c) or (d), if the Indian child's Tribe has established a different order of placement preference by resolution, the child-placing agency and the court shall recognize the Indian child's Tribe's order of placement in the form provided by the Tribe. Minn. Stat. Ann. § 260.771 (West) (d) In any adoptive placement, transfer of custody placement, or other permanency placement of an Indian child, a preference shall be given, in the absence of good cause to the contrary, to a placement with: (1) the Indian child's noncustodial parent or Indian custodian; (2) a member of the child's extended family; (3) other members of the Indian child's Tribe; or (4) other persons or entities recognized as appropriate to be a permanency resource for the Indian child, by the Indian child's parent or parents, Indian custodian, or Indian Tribe. (e) The county shall defer to the judgment of the Indian child's Tribe as to the suitability of a placement. Minn. Stat. Ann. § 260.771 (West) | (3) In the absence of good cause to the contrary, in an adoptive or other permanent placement of an Indian child, preference must be given to a placement with one of the following, in descending order of priority: (a) extended family members; (b) an Indian family of the same tribe as the Indian child; (c) another Indian family. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1508(1) In any adoptive placement of an Indian child under state law, a preference shall be given, in the absence of good cause to the contrary, to a placement with the following in descending priority order: (a) A member of the Indian child's extended family; (b) Other members of the Indian child's tribe or tribes; (c) Other Indian families; or (d) A non-Indian family committed to enabling the child to have extended family time and participation in the cultural and ceremonial events of the Indian child's tribe or tribes; | 2. Except as otherwise provided in subsection 3, if the parental rights of the Indian child's parents have been terminated and the Indian child is in need of an adoptive placement, the Indian child shall be placed: (a) In accordance with the order of preference established by the Indian child's tribe; or (b) If the Indian child's tribe has not established placement preferences, according to the following order of preference: (1) With a member of the Indian child's extended family; (2) With other members of the Indian child's tribe; or (3) With other Indian families. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | To ensure that the Indian Family Protection Act is fully implemented and that all Indian children have the opportunity to maintain strong connections to their culture, if the household into which an Indian child is placed for adoption or guardianship does not include a parent who is a member of the Indian child's tribe, the court shall require the parties to the adoption to enter a cultural compact, at the discretion of the Indian child's tribe, that documents the parties' agreement regarding how the Indian child will continue to actively participate in the Indian child's cultural learning and activities and engagement with family members. Each cultural compact shall be specific to the Indian child and shall articulate the Indian child's understanding as the Indian child grows and matures. The cultural compact shall become part of the court record, shall be enforced by the court and shall be included in the adoption decree. N.M. Stat. Ann. § 32A-28-23 (West) | 1. Subject to subsections 3 and 4, in placing an Indian child for adoption or in delegating powers, as described in a lawful executed power of attorney regarding an Indian child, preference must be given, in the absence of good cause, as described in subsection 6, to the contrary, to a placement with or delegation to one of the following, in the order of preference listed: a. An extended family member of the Indian child; b. Another member of the Indian child's tribe; c. Another Indian family with whom the Indian child has a relationship or an Indian family from a tribe that is culturally similar to or linguistically connected to the Indian child's tribe; or d. The tribe's statutory adopted placement preferences. N.D. Cent. Code Ann. § 27-19.1-05 (West) | 10 Okl. St. Ann. §40.6 The placement preferences specified in 25 U.S.C. Section 1915, shall apply to all preadjudicatory placements, as well as preadoptive, adoptive and foster care placements. In all placements of an Indian child by the Oklahoma Department of Human Services (DHS), or by any person or other placement agency, DHS, the person or placement agency shall utilize to the maximum extent possible the services of the Indian tribe of the child in securing placement consistent with the provisions of the Oklahoma Indian Child Welfare Act.1 This requirement shall include cases where a consenting parent evidences a desire for anonymity in the consent document executed pursuant to Section 60.5 of this title.2 If a request for anonymity is included in a parental consent document, the court shall give weight to such desire in applying the preferences only after notice is given to the child's tribe and the tribe is afforded twenty (20) days to intervene and request a hearing on available tribal placement resources which may protect parental confidentiality, provided that notice of such hearing shall be given to the consenting parent. | (2) If the parental rights of the Indian child's parents have been terminated or if an Indian child is in need of a guardianship pursuant to ORS 419B.365 or 419B.366 or adoptive placement, except as provided in subsection (3) of this section, the Indian child shall be placed: (a) In accordance with the order of preference established by the Indian child's tribe; or (b) If the Indian child's tribe has not established placement preferences, according to the following order of preference: (A) With a member of the Indian child's extended family; (B) With other members of the Indian child's tribe; or (C) With other Indian families. Or. Rev. Stat. Ann. § 419B.654 (West) | RCWA 13.38.180(3) In the absence of good cause to the contrary, any adoptive or other permanent placement of an Indian child, preference shall be given to a placement with one of the following, in descending priority order: (a) Extended family members; (b) An Indian family of the same tribe as the child; (c) An Indian family that is of a similar culture to the child's tribe; (d) Another Indian family; or (e) Any other family which can provide a suitable home for an Indian child, such suitability to be determined in consultation with the Indian child's tribe or, in proceedings under chapter 13.34 RCW where the Indian child is in the custody of the department or a supervising agency and the Indian child's tribe has not intervened or participated, the local Indian child welfare advisory committee. | 48.028(7)(a) Adoptive placement or delegation of powers; preferences. Subject to pars. (c) and (d), in placing an Indian child for adop on or in delegating powers, as described in sub. (2) (d) 5., regarding an Indian child, preference shall be given, in the absence of good cause, as described in par. (e), to the contrary, to a placement with or delegation to one of the following, in the order of preference listed: 1. An extended family member of the Indian child. 2. Another member of the Indian child's tribe. 3. Another Indian family. | (a) In any adoptive placement of an Indian child under state law, and absent good cause to the contrary, preference shall be given to a placement with, in the following order: (i) A member of the Indian child's extended family; (ii) Other members of the Indian child's tribe; (iii) Other Indian families; (iv) Any other placement. Wyo. Stat. Ann. § 14-6-707 (West) | ||||||||||||||
63 | 1915(b) Placement Preferences Foster Care | §1915(b) Foster care or preadoptive placements; criteria; preferences Any child accepted for foster care or preadoptive placement shall be placed in the least restrictive setting which most approximates a family and in which his special needs, if any, may be met. The child shall also be placed within reasonable proximity to his or her home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with-- (i) a member of the Indian child's extended family; (ii) a foster home licensed, approved, or specified by the Indian child's tribe; (iii) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or (iv) an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs. | 23.129 (a) In any preadoptive, adoptive, or foster-care placement of an Indian child, the placement preferences specified in § 23.130 and § 23.131 apply. (b) Where a consenting parent requests anonymity in a voluntary proceeding, the court must give weight to the request in applying the preferences. (c) The placement preferences must be applied in any foster-care, preadoptive, or adoptive placement unless there is a determination on the record that good cause under § 23.132 exists to not apply those placement preferences. 23.131 (a) In any foster-care or preadoptive placement of an Indian child under State law, including changes in foster-care or preadoptive placements, the child must be placed in the least-restrictive setting that: (1) Most approximates a family, taking into consideration sibling attachment; (2) Allows the Indian child's special needs (if any) to be met; and (3) Is in reasonable proximity to the Indian child's home, extended family, or siblings. (b) In any foster-care or preadoptive placement of an Indian child under State law, where the Indian child's Tribe has not established a different order of preference under paragraph (c) of this section, preference must be given, in descending order as listed below, to placement of the child with: (1) A member of the Indian child's extended family; (2) A foster home that is licensed, approved, or specified by the Indian child's Tribe; (3) An Indian foster home licensed or approved by an authorized non–Indian licensing authority; or (4) An institution for children approved by an Indian Tribe or operated by an Indian organization which has a program suitable to meet the child's needs. (c) If the Indian child's Tribe has established by resolution a different order of preference than that specified in ICWA, the Tribe's placement preferences apply, so long as the placement is the least-restrictive setting appropriate to the particular needs of the Indian child, as provided in paragraph (a) of this section. (d) The court must, where appropriate, also consider the preference of the Indian child or the Indian child's parent. | a) If an Indian child is removed from the physical custody of his or her parents or Indian custodian pursuant to Section 361, the child's placement shall comply with this section. The placement shall be analyzed each time there is a change in placement. (b) Any foster care or guardianship placement of an Indian child, or any emergency removal of a child who is known to be, or if there is reason to know that the child is, an Indian child shall be in the least restrictive setting that most approximates a family situation and in which the child's special needs, if any, may be met. The child shall also be placed within reasonable proximity to the child's home, taking into account any special needs of the child. Preference shall be given to the child's placement with one of the following, in descending priority order: (1) A member of the child's extended family, as defined in Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (2) A foster home licensed, approved, or specified by the child's tribe. (3) An Indian foster home licensed or approved by an authorized non-Indian licensing authority. (4) An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs. Cal. Welf. & Inst. Code § 361.31 (West) | Any Indian child accepted for foster care or preadoptive placement shall be placed in the least restrictive setting that most approximates a family and in which such child's special needs, if any, may be met. The child shall also be placed within reasonable proximity to such child's home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with: (1) A member of the Indian child's extended family; (2) A foster home licensed, approved or specified by the Indian child's tribe; (3) An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or (4) An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs. Conn. Gen. Stat. Ann. § P.A. 23-113, § 17 (West) | ICA 232B.9(2) An emergency removal, foster care, or preadoptive placement of an Indian child shall be in the least restrictive setting which most approximates a family situation and in which the child's special needs, if any, may be met. The child shall also be placed within reasonable proximity to the child's home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given to the child's placement with one of the following, in descending priority order: a. A member of the child's extended family. b. A foster home licensed, approved, or specified by the child's tribe. c. An Indian foster home licensed or approved by an authorized non-Indian licensing authority. d. A child foster care agency approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs. e. A non-Indian child foster care agency approved by the child's tribe. f. A non-Indian family committed to enabling the child to have extended family visitation and participation in the cultural and ceremonial events of the child's tribe. | 2. Foster care or preadoptive placements; criteria; preferences. An Indian child accepted for foster care placement or preadoptive placement must be placed in the least restrictive setting that most approximates a family and in which that Indian child's special needs, if any, may be met. The Indian child must also be placed within reasonable proximity to that Indian child's home, taking into account any special needs of the child. In any foster care placement or preadoptive placement, placement preference must be given, in the absence of good cause to the contrary, in descending order, as listed below: A. An extended family member of the Indian child; B. A foster home licensed, approved or specified by the Indian child's tribe; C. An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or D. An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs. | MCLA 712B.23(1) Except for a placement for guardianship under section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5204 and 700.5205, where both parents submit a consent for the guardianship, an Indian child shall be placed in the least restrictive setting that most approximates a family and in which his or her special needs, if any, may be met. The child shall be placed within reasonable proximity to his or her home, taking into account any special needs of the child. Absent good cause to the contrary, the foster care or preadoptive placement of an Indian child must be in the following order of preference: (a) A member of the Indian child's extended family. (b) A foster home licensed, approved, or specified by the Indian child's tribe. (c) An Indian foster home licensed or approved by the department. (d) An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs. | Subd. 7. Order of placement preference; deviation. (a) In all proceedings where custody of the Indian child may be removed from the parent, the Indian child shall be placed in the least restrictive setting which most approximates a family and in which the Indian child's special needs, if any, may be met. The Indian child shall also be placed within reasonable proximity to the Indian child's home, taking into account any special needs of the Indian child. (b) In the case of a placement under paragraph (c) or (d), if the Indian child's Tribe has established a different order of placement preference by resolution, the child-placing agency and the court shall recognize the Indian child's Tribe's order of placement in the form provided by the Tribe. (c) Preference shall be given, in the absence of good cause to the contrary, to a placement with: (1) a noncustodial parent or Indian custodian; (2) a member of the child's extended family; (3) a foster home licensed, approved, or specified by the Indian child's Tribe; (4) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or (5) an institution for children approved by an Indian Tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs. Minn. Stat. Ann. § 260.771 (West) (e) The county shall defer to the judgment of the Indian child's Tribe as to the suitability of a placement. Minn. Stat. Ann. § 260.771 (West) | Section 18. Placement preferences. (1) When an emergency removal, foster care placement, or preadoptive placement of an Indian child is necessary, the petitioning party shall, in the absence of good cause to the contrary, place the Indian child in the least restrictive setting that: (a) most closely approximates a family situation; (b) is in reasonable proximity to the Indian child's home; and (c) allows for the Indian child's special needs, if any, to be met. (2) In a foster care or preadoptive placement, preference must be given, in the absence of good cause to the contrary, to the Indian child's placement with one of the following, in descending order of priority: (a) an Indian child's extended family member; (b) a foster home licensed, approved, or specified by the Indian child's tribe; (c) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or (d) an institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) (5) When appropriate, the preference of the Indian child or the child's parent must be considered by the court. (6) The standards to be applied in meeting the preference requirements of this section must be the prevailing social and cultural standards of the Indian community in which the parent or extended family members of an Indian child reside or with which the parent or extended family members maintain social and cultural ties. (7) Nothing in this section prevents the department or the court from placing an Indian child with a parent to effectuate a permanency plan regardless of the parent's relationship to the Indian child's tribe. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1508(2) Any child accepted for foster care or preadoptive placement or a voluntary foster care placement shall be placed in the least restrictive setting which most approximates a family and in which his or her special needs, if any, may be met. The child shall also be placed within reasonable proximity to his or her home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with one of the following in descending priority order: (a) A member of the Indian child's extended family; (b) Other members of the Indian child's tribe or tribes; (c) A foster home licensed, approved, or specified by the Indian child's tribe or tribes; (d) An Indian foster home licensed or approved by an authorized non-Indian licensing authority; (e) A non-Indian family committed to enabling the child to have extended family time and participation in the cultural and ceremonial events of the Indian child's tribe or tribes; (f) An Indian facility or program for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs; or (g) A non-Indian facility or program for children approved by an Indian tribe. | Sec. 37. 1. Except as otherwise provided in subsection 3, if the parental rights of an Indian child's parents have not been terminated and the Indian child is in need of placement or continuation in substitute care, the child must be placed in the least restrictive setting that: (a) Most closely approximates a family, taking into consideration sibling attachment; (b) Allows the Indian child's special needs, if any, to be met; (c) Is in reasonable proximity to the Indian child's home, extended family or siblings; and (d) Is in accordance with the order of preference established by the Indian child's tribe or, if the Indian child's tribe has not established placement preferences, is in accordance with the following order of preference: (1) A member of the Indian child's extended family; (2) A foster home licensed, approved or specified by the Indian child's tribe; (3) A foster home licensed or approved by a licensing authority in this State and in which one or more of the licensed or approved foster parents is an Indian; or (4) An institution for children that has a program suitable to meet the Indian child's needs and is approved by an Indian tribe or operated by an Indian organization. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | A. In the case of a foster care placement of an Indian child, except as provided in Subsection C of this section, the child shall be placed in the least restrictive setting that: (1) most closely approximates a family, taking into consideration the Indian child's sibling attachment; (2) allows the Indian child's special needs, if any, to be met; (3) is in reasonable geographic proximity to the Indian child's home, extended family members or siblings; and (4) is in accordance with the order of preference established by the Indian child's tribe by any means, or, if that Indian tribe has not established placement preferences, preference shall be given in accordance with the following order of preference: (a) an extended family member of the Indian child; (b) a foster home licensed, approved or specified by the Indian child's tribe; or (c) a foster home licensed or approved by a licensing authority in New Mexico and in which one or more of the licensed or approved foster parents is an Indian. B. Under no circumstances shall an Indian child under three months of age be placed outside of the placement preferences provided in this section. C. If an Indian child is placed in a foster care placement that is contrary to the placement preferences provided in this section, a secondary permanency plan shall not be simultaneously permitted, and before the child's placement may be changed to an adoptive or other permanent placement, the department shall: (1) conduct monitoring at least every thirty days to determine whether a placement that comports with the placement preferences provided in this section is available; (2) at the inception of the case and periodically through the pendancy of the case, make active efforts to identify a placement that aligns with the placement preferences as soon as practicable; and (3) at the inception of the case and periodically through the pendancy of the case, document all active efforts made to identify a placement that aligns with the placement preferences. At minimum, this shall include: (a) contacting the Indian child's tribe; (b) conducting a relative search; (c) interviewing relatives throughout the case; (d) making ongoing active efforts to search for and identify relatives to the Indian child throughout the case; (e) providing the Indian child's tribe with all information regarding family members; (f) offering relatives an expedited foster care license; (g) assisting relatives with practical supports through the licensing process and actively supporting relatives in overcoming barriers for licensure; (h) conducting timely home studies when identifying a placement that aligns with the placement preference; (i) providing continued contact, including visitation; and (j) providing access to culturally appropriate interventions. N.M. Stat. Ann. § 32A-28-21 (West) | 2. An Indian child who is accepted for a foster care or nonfoster care placement or a preadoptive placement must be placed in the least restrictive setting that most approximates a family that meets the Indian child's special needs, if any, and which is within reasonable proximity to the Indian child's home, taking into account those special needs. Subject to subsections 4 and 6, in placing an Indian child in a foster care or nonfoster care placement or a preadoptive placement, preference must be given, in the absence of good cause, as described in subsection 6, to the contrary, to a placement in one of the following, in the order of preference listed: a. The home of an extended family member of the Indian child; b. A foster home licensed, approved, or specified by the Indian child's tribe; c. An Indian foster home licensed or approved by the department; or d. A qualified residential treatment facility or residential care center for children and youth approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the needs of the Indian child. N.D. Cent. Code Ann. § 27-19.1-05 (West) | 10 Okl. St. Ann. §40.6 The placement preferences specified in 25 U.S.C. Section 1915, shall apply to all preadjudicatory placements, as well as preadoptive, adoptive and foster care placements. In all placements of an Indian child by the Oklahoma Department of Human Services (DHS), or by any person or other placement agency, DHS, the person or placement agency shall utilize to the maximum extent possible the services of the Indian tribe of the child in securing placement consistent with the provisions of the Oklahoma Indian Child Welfare Act.1 This requirement shall include cases where a consenting parent evidences a desire for anonymity in the consent document executed pursuant to Section 60.5 of this title.2 If a request for anonymity is included in a parental consent document, the court shall give weight to such desire in applying the preferences only after notice is given to the child's tribe and the tribe is afforded twenty (20) days to intervene and request a hearing on available tribal placement resources which may protect parental confidentiality, provided that notice of such hearing shall be given to the consenting parent. | (1) If the parental rights of an Indian child's parents have not been terminated and the Indian child is in need of placement or continuation in substitute care, as defined in ORS 419A.004, except as provided in subsection (3) of this section the child must be placed in the least restrictive setting that: (a) Most closely approximates a family, taking into consideration sibling attachment; (b) Allows the Indian child's special needs, if any, to be met; (c) Is in reasonable proximity to the Indian child's home, extended family or siblings; and (d)(A) Is in accordance with the order of preference established by the Indian child's tribe; or (B) If the Indian child's tribe has not established placement preferences, is in accordance with the following order of preference: (i) A member of the Indian child's extended family; (ii) A foster home licensed, approved or specified by the Indian child's tribe; (iii) A foster home licensed or approved by a licensing authority in this state and in which one or more of the licensed or approved foster parents is an Indian; or (iv) An institution for children that has a program suitable to meet the Indian child's needs and is approved by an Indian tribe or operated by an Indian organization. Or. Rev. Stat. Ann. § 419B.654 (West) | RCWA 13.38.180(1)-(2) (1) When an emergency removal, foster care placement, or preadoptive placement of an Indian child is necessary, a good faith effort will be made to place the Indian child: (a) In the least restrictive setting; (b) Which most approximates a family situation; (c) Which is in reasonable proximity to the Indian child's home; and (d) In which the Indian child's special needs, if any, will be met. (2) In any foster care or preadoptive placement, a preference shall be given, in absence of good cause to the contrary, to the child's placement with one of the following: (a) A member of the child's extended family; (b) A foster home licensed, approved, or specified by the child's tribe; (c) An Indian foster home licensed or approved by an authorized non-Indian licensing authority; (d) A child foster care agency approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs; (e) A non-Indian child foster care agency approved by the child's tribe; (f) A non-Indian family that is committed to: (i) Promoting and allowing appropriate extended family visitation; (ii) Establishing, maintaining, and strengthening the child's relationship with his or her tribe or tribes; and | 48.028(7)(b) Out-of-home care or preadoptive placement; preferences. Any Indian child who is accepted for an out‐ of‐home care placement or a preadoptive placement shall be placed in the least restric ve se ng that most approximates a family, that meets the Indian child's special needs, if any, and that is within reasonable proximity to the Indian child's home, taking into account those special needs. Subject to pars. (c) to (e), in placing an Indian child in an out‐of‐home care placement or a preadoptive placement, preference shall be given, in the absence of good cause, as described in par. (e), to the contrary, to a placement in one of the following, in the order of preference listed: 1. The home of an extended family member of the Indian child. 2. A foster home licensed, approved, or specified by the Indian child's tribe. 3. An Indian foster home licensed or approved by the department, a county department, or a child welfare agency. 4. A group home or residen al care center for children and youth approved by an Indian tribe or operated by an Indian organiza on that has a program suitable to meet the needs of the Indian child. (bm) Temporary physical custody; preferences. Any Indian child who is being held in temporary physical custody under s. 48.205 (1) shall be placed in compliance with par. (b) or, if applicable, par. (c), unless the person responsible for determining the placement finds good cause, as described in par. (e), for departing from the order of placement preference under par. (b) or finds that emergency conditions necessitate departing from that order. When the reason for departing from that order is resolved, the Indian child shall be placed in compliance with the order of placement preference under par. (b) or, if applicable, par. (c). | (b) Any Indian child accepted for shelter care or preadoptive placement shall be placed in the least restrictive setting that most approximates a family and in which the child's special needs, if any, may be met. The child shall also be placed within reasonable proximity to the child's home, taking into account any special needs of the child. In any shelter care or preadoptive placement and in the absence of good cause to the contrary, preference shall be given to a placement with, in the following order: (i) A member of the Indian child's extended family; (ii) Other members of the Indian child's tribe; (iii) Other Indian families; (iv) An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs; (v) Any other placement. Wyo. Stat. Ann. § 14-6-707 (West) | ||||||||||||||
64 | Good Cause (placement preferences) | 23.132 How is a determination of “good cause” to depart from the placement preferences made? (a) If any party asserts that good cause not to follow the placement preferences exists, the reasons for that belief or assertion must be stated orally on the record or provided in writing to the parties to the child-custody proceeding and the court. (b) The party seeking departure from the placement preferences should bear the burden of proving by clear and convincing evidence that there is “good cause” to depart from the placement preferences. (c) A court's determination of good cause to depart from the placement preferences must be made on the record or in writing and should be based on one or more of the following considerations: (1) The request of one or both of the Indian child's parents, if they attest that they have reviewed the placement options, if any, that comply with the order of preference; (2) The request of the child, if the child is of sufficient age and capacity to understand the decision that is being made; (3) The presence of a sibling attachment that can be maintained only through a particular placement; (4) The extraordinary physical, mental, or emotional needs of the Indian child, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live; (5) The unavailability of a suitable placement after a determination by the court that a diligent search was conducted to find suitable placements meeting the preference criteria, but none has been located. For purposes of this analysis, the standards for determining whether a placement is unavailable must conform to the prevailing social and cultural standards of the Indian community in which the Indian child's parent or extended family resides or with which the Indian child's parent or extended family members maintain social and cultural ties. (d) A placement may not depart from the preferences based on the socioeconomic status of any placement relative to another placement. (e) A placement may not depart from the preferences based solely on ordinary bonding or attachment that flowed from time spent in a non-preferred placement that was made in violation of ICWA. | (h) If a party asserts that good cause not to follow the placement preferences exists, the reason for that assertion shall be stated orally on the record or provided in writing to the parties to the Indian child custody proceeding and the court. (i) The party seeking departure from the placement preferences shall bear the burden of proving by clear and convincing evidence that there is good cause to depart from the placement preferences. (j) A state court's determination of good cause to depart from the placement preferences shall be made on the record or in writing and shall be based on one or more of the following considerations: (1) The request of one or both of the Indian child's parents, if they attest that they have reviewed the placement options, if any, that comply with the order of preference. (2) The request of the child, if the child is of sufficient age and capacity to understand the decision that is being made. (3) The presence of a sibling attachment that can be maintained only through a particular placement. (4) The extraordinary physical, mental, or emotional needs of the Indian child, including specialized treatment services that may be unavailable in the community where families who meet the placement preferences live. (5) The unavailability of a suitable placement after a determination by the court that a diligent search was conducted. For purposes of this paragraph, the standard for determining whether a placement is unavailable shall conform to the prevailing social and cultural standards of the Indian community in which the Indian child's parent or extended family resides or with which the Indian child's parent or extended family members maintain social and cultural ties. (k) A placement shall not depart from the preferences based on the socioeconomic status of any placement relative to another placement. (l) A placement shall not depart from the preferences based solely on ordinary bonding or attachment that flowed from time spent in a nonpreferred placement that was made in violation of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). Cal. Welf. & Inst. Code § 361.31 (West) | 3. To the greatest possible extent, a placement made in accordance with subsection 1 or 2 shall be made in the best interest of the child. 4. An adoptive placement of an Indian child shall not be ordered in the absence of a determination, supported by clear and convincing evidence including the testimony of qualified expert witnesses, that the placement of the child is in the best interest of the child. Iowa Code Ann. § 232B.9 (West) | 3. Good cause to deviate from placement preferences. The party seeking departure from the placement preferences under this section bears the burden of proving by clear and convincing evidence that there is good cause to depart from the placement preferences. A court's determination of good cause to depart from the placement preferences must be made on the record or in writing and may be based on one or more of the following considerations: A. The request of one or both of the Indian child's parents, if they attest that they have reviewed the placement options, if any, that comply with the order of preference; B. The request of the Indian child, if the Indian child is of sufficient age and capacity to understand the decision that is being made; C. The presence of a sibling attachment that can be maintained only through a particular placement; D. The extraordinary physical, mental or emotional needs of the Indian child, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live; or E. The unavailability of a suitable placement after a determination by the court that a diligent search was conducted to find suitable placements meeting the preference criteria, but none has been located. For purposes of a determination under this paragraph, the standards for determining whether a placement is unavailable must conform to the prevailing social and cultural standards of the Indian community in which the Indian child's parent or extended family resides or with which the Indian child's parent or extended family members maintain social and cultural ties. A placement may not depart from the preferences under this section based on the socioeconomic status of any placement relative to another placement. A placement may not depart from the preferences based solely on ordinary bonding or attachment that developed from time spent in a nonpreferred placement that was made in violation of this Act. Me. Rev. Stat. tit. 22, § 3948 | 712B.23 (3) The burden of establishing good cause not to follow the order of preference is on the party requesting the deviation. (4) The court shall not find good cause to deviate from the placement preferences stated in this section without first ensuring that all possible placements required under this section have been thoroughly investigated and eliminated. All efforts made under this section must be provided to the court in writing or stated on the record. The court shall address efforts to place an Indian child in accordance with this section at each hearing until the placement meets the requirements of this section. (5) The court's determination of good cause to not follow the order of preference shall be based on 1 or more of the following conditions: (a) A request was made by a child of sufficient age. (b) A child has an extraordinary physical or emotional need as established by testimony of an expert witness. | (j) The court shall follow the placement preferences in paragraphs (a) to (i), except as follows: (1) where a parent evidences a desire for anonymity, the child-placing agency and the court shall give weight to the parent's desire for anonymity in applying the preferences. A parent's desire for anonymity does not excuse the application of sections 260.751 to 260.835; or (2) where the court determines there is good cause based on: (i) the reasonable request of the Indian child's parents, if one or both parents attest that they have reviewed the placement options that comply with the order of placement preferences; (ii) the reasonable request of the Indian child if the child is able to understand and comprehend the decision that is being made; (iii) the testimony of a qualified expert designated by the child's Tribe and, if necessary, testimony from an expert witness who meets qualifications of subdivision 6, paragraph (d), clause (2), that supports placement outside the order of placement preferences due to extraordinary physical or emotional needs of the child that require highly specialized services; or (iv) the testimony by the child-placing agency that a diligent search has been conducted that did not locate any available, suitable families for the child that meet the placement preference criteria. (k) Testimony of the child's bonding or attachment to a foster family alone, without the existence of at least one of the factors in paragraph (j), clause (2), shall not be considered good cause to keep an Indian child in a lower preference or nonpreference placement. Ease of visitation and facilitation of relationship with the Indian child's parents, Indian custodian, extended family, or Tribe may be considered when determining placement. (l) A party who proposes that the required order of placement preferences not be followed bears the burden of establishing by clear and convincing evidence that good cause exists to modify the order of placement preferences. (m) If the court finds there is good cause to place the Indian child outside the order of placement preferences, the court must make written findings. (n) A good cause finding under this subdivision must consider whether active efforts were provided to extended family members who are considered the primary placement option to assist them in becoming a placement option for the Indian child as required by section 260.762. (o) When an Indian child is placed outside the order of placement preferences, good cause to continue this placement must be determined at every stage of the proceedings. Minn. Stat. Ann. § 260.771 (West) | (8)(a) If any party asserts that good cause to not follow the placement preferences exists, the reasons for that belief or assertion must be stated orally on the record or provided in writing to the parties to the child custody proceeding and the court. (b) The party seeking departure from the placement preferences bears the burden of proving by clear and convincing evidence that there is good cause to depart from the placement preferences. (c) A court's determination of good cause to depart from the placement preferences must be made on the record or in writing and must be based on one or more of the following considerations: (i) the request of one or both of the Indian child's parents on attestation that they have reviewed the placement options, if any, that comply with the order of preference provided for in subsections (2) and (3); (ii) the request of the child, if the child is of sufficient age and capacity to understand the decision that is being made; (iii) the presence of a sibling attachment that can be maintained only through a particular placement; (iv) the extraordinary physical, mental, or emotional needs of the Indian child, including but not limited to specialized treatment services that may be unavailable in the community where families who meet the placement preferences live; or (v) the unavailability of a suitable placement after a determination by the court that a diligent search was conducted to find suitable placements meeting the preference criteria, but no suitable placement was found. For the purposes of this analysis, the standards for determining whether a placement is unavailable must conform to the prevailing social and cultural standards of the Indian community in which the Indian child's parent or extended family resides or with which the Indian child's parent or extended family members maintain social and cultural ties. (d) A placement may not depart from the preferences based on the socioeconomic status of any placement relative to another placement. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | 3. If an Indian child is placed outside of the placement preferences set forth in subsection 1 or 2, the party placing the child shall file a motion requesting that the court make a finding that good cause exists for placement outside of such placement preferences. If the court determines that the moving party has established, by clear and convincing evidence, that there is good cause to depart from the placement preferences under this section, the court may authorize placement in an alternative placement. The court's determination under this subsection: (a) Must be in writing and be based on: (1) The preferences of the Indian child; (2) The presence of a sibling attachment that cannot be maintained through placement consistent with the placement preferences established by subsection 1 or 2; (3) Any extraordinary physical, mental or emotional needs of the Indian child that require specialized treatment services if, despite active efforts, those services are unavailable in the community where families who meet the placement preferences under subsection 1 or 2 reside; or (4) Whether, despite a diligent search, a placement meeting the placement preferences under this section is unavailable, as determined by the prevailing social and cultural standards of the Indian community in which the Indian child's parent or extended family resides or with which the Indian child's parent or extended family members maintain social and cultural ties. (b) Must, in applying the placement preferences under this subsection, give weight to a parent's request for anonymity if the placement is an adoptive placement to which the parent has consented. (c) May be informed by but not determined by the placement request of a parent of the Indian child, after the parent has reviewed the placement options, if any, that comply with the placement preferences under this section. (d) May not be based on: (1) The socioeconomic conditions of the Indian child's tribe; (2) Any perception of the tribal or United States Bureau of Indian Affairs social services or judicial systems; (3) The distance between a placement meeting the placement preferences under this section that is located on or near a reservation and the Indian child's parent; or (4) The ordinary bonding or attachment between the Indian child and a nonpreferred placement arising from time spent in the nonpreferred placement. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | D. If the Indian child is in a foster care placement that is not a preferred placement, the court shall hold hearings no less than every six months. The department shall continue to bear the burden of establishing why good cause continues to exist for the current placement or why the Indian child is not in a preferred placement. N.M. Stat. Ann. § 32A-28-21 (West) M. An Indian child shall be placed in accordance with the placement preferences unless there is good cause to depart from the placement preferences as determined by the court after a hearing; provided that: (1) the party that asserts good cause exists not to follow the placement preferences shall state the reasons for this assertion in writing to the court. The court shall make a record. The party making the assertion shall provide all parties to the case and the Indian child's tribe with a copy; (2) the party seeking the departure from the placement preferences has the burden of proving by clear and convincing evidence that there is good cause to depart from the preferences; and (3) a court's determination of good cause to depart from the placement preferences shall be made in writing and be based on the considerations set forth by the Indian Family Protection Act. N.M. Stat. Ann. § 32A-28-21 (West) | 6. a. If a party asserts that good cause not to follow the placement preferences exists, the reasons for that belief or assertion must be stated orally on the record or provided in writing to the parties to the child custody proceeding and the court. b. The party seeking departure from the placement preferences bears the burden of proving by clear and convincing evidence that there is good cause to depart from the placement preferences. c. A court's determination of good cause to depart from the placement preferences must be made on the record or in writing and must be based on one or more of the following considerations: (1) The request of the Indian child's parent, if they attest that they have reviewed the placement options, if any, that comply with the order of preference. (2) The request of the Indian child, if the Indian child is of sufficient age and capacity to understand the decision being made. (3) The presence of a sibling attachment that can be maintained only through a particular placement. (4) The extraordinary physical, mental, or emotional needs of the Indian child, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live. (5) The unavailability of a suitable placement after a determination by the court that a diligent search was conducted to find suitable placements meeting the preference criteria, but none has been located. For purposes of this analysis, the standards for determining whether a placement is unavailable must conform to the prevailing social and cultural standards of the Indian community in which the Indian child's parent, Indian custodian, or extended family resides or with which the Indian child's parent, Indian custodian, or extended family members maintain social and cultural ties. d. A placement may not depart from the preferences based on the socioeconomic status of any placement relative to another placement. e. A placement may not depart from the preferences based solely on ordinary bonding or attachment that flowed from time spent in a nonpreferred placement that was made in violation of this chapter. f. The burden of establishing good cause to depart from the order of placement preference is on the party requesting that departure. N.D. Cent. Code Ann. § 27-19.1-05 (West) | (3)(a) A party may move the court for authority to make a placement contrary to the placement preferences of subsection (1) or (2) of this section. The motion must detail the reasons the party asserts that good cause exists for placement contrary to the placement preferences established by subsection (1) or (2) of this section. (b) Upon the filing of an objection to a motion under this subsection, the court shall fix the time for hearing on the objections. (c) If the court determines that the moving party has established, by clear and convincing evidence, that there is good cause to depart from the placement preferences under this section, the court may authorize placement in an alternative placement. (d) The court's determination under paragraph (c) of this subsection: (A) Must be in writing and be based on: (i) The preferences of the Indian child; (ii) The presence of a sibling attachment that cannot be maintained through placement consistent with the placement preferences established by subsection (1) or (2) of this section; (iii) Any extraordinary physical, mental or emotional needs of the Indian child that require specialized treatment services if, despite active efforts, those services are unavailable in the community where families who meet the placement preferences under subsection (1) or (2) of this section reside; or (iv) Whether, despite a diligent search, a placement meeting the placement preferences under this section is unavailable, as determined by the prevailing social and cultural standards of the Indian community in which the Indian child's parent or extended family resides or with which the Indian child's parent or extended family members maintain social and cultural ties. (B) Must, in applying the placement preferences under this subsection, give weight to a parent's request for anonymity if the placement is an adoptive placement to which the parent has consented. (C) May be informed by but not determined by the placement request of a parent of the Indian child, after the parent has reviewed the placement options, if any, that comply with the placement preferences under this section. (D) May not be based on: (i) The socioeconomic conditions of the Indian child's tribe; (ii) Any perception of the tribal or United States Bureau of Indian Affairs social services or judicial systems; (iii) The distance between a placement meeting the placement preferences under this section that is located on or near a reservation and the Indian child's parent; or (iv) The ordinary bonding or attachment between the Indian child and a nonpreferred placement arising from time spent in the nonpreferred placement. (4) The court, on the court's own motion or on the motion of any party, shall make a determination under ORS 419B.651 (2) regarding the Indian child's placement if the court or the moving party has reason to believe that the child was placed contrary to the placement preferences of subsection (1) or (2) of this section without good cause. A motion under this subsection may be made orally on the record or in writing. Or. Rev. Stat. Ann. § 419B.654 (West) | (e) Good cause. 1. Whether there is good cause to depart from the order of placement preference under par. (a), (b), or (c) shall be determined based on any one or more of the following considerations: a. When appropriate, the request of the Indian child's parent or, if the Indian child is of sufficient age and developmental level to make an informed decision, the Indian child, unless the request is made for the purpose of avoiding the application of this section and the federal Indian Child Welfare Act, 25 USC 1901 to 1963. b. Any extraordinary physical, mental, or emotional health needs of the Indian child requiring highly specialized treatment services as established by the testimony of an expert witness, including a qualified expert witness. The length of time that an Indian child has been in a placement or subject to a delegation of powers, as described in sub. (2)(d)5., does not, in itself, constitute an extraordinary emotional health need. c. The unavailability of a suitable placement for the Indian child after diligent efforts have been made to place the Indian child in the order of preference under par. (a), (b), or (c) or the unavailability of a suitable agent to whom to delegate powers, as described in sub. (2)(d)5., regarding the Indian child after diligent efforts have been made to delegate those powers in the order of preference under par. (a). 2. The burden of establishing good cause to depart from the order of placement preference under par. (a), (b), or (c) shall be on the party requesting that departure. Wis. Stat. Ann. § 48.028 (West) | ||||||||||||||||||||
65 | 1915(c) Tribal Order of Preference | §1915(c) Tribal resolution for different order of preference; personal preference considered; anonymity in application of preferences In the case of a placement under subsection (a) or (b) of this section, if the Indian child's tribe shall establish a different order of preference by resolution, the agency or court effecting the placement shall follow such order so long as the placement is the least restrictive setting appropriate to the particular needs of the child, as provided in subsection (b) of this section. Where appropriate, the preference of the Indian child or parent shall be considered: Provided, That where a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences. | 23.131 (c) If the Indian child's Tribe has established by resolution a different order of preference than that specified in ICWA, the Tribe's placement preferences apply, so long as the placement is the least-restrictive setting appropriate to the particular needs of the Indian child, as provided in paragraph (a) of this section. | (d) Notwithstanding the placement preferences listed in subdivisions (b) and (c), if a different order of placement preference is established by the child's tribe, the court or agency effecting the placement shall follow the order of preference established by the tribe, so long as the placement is the least restrictive setting appropriate to the particular needs of the child as provided in subdivision (b). (e) Where appropriate, the placement preference of the Indian child, if of sufficient age, or parent shall be considered. In applying the preferences, a consenting parent's request for anonymity shall also be given weight by the court or agency effecting the placement. Cal. Welf. & Inst. Code § 361.31 (West) | In the case of a placement under section 16 or 17 of this act, if the Indian child's tribe establishes a different order of preference by resolution, the agency or court effecting the placement shall follow such order so long as the placement is the least restrictive setting appropriate to the particular needs of the child. Where appropriate, the preference of the Indian child or parent shall be considered, provided where a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences. Conn. Gen. Stat. Ann. § P.A. 23-113, § 18 (West) | ICA 232B.9(5)-(6) 5. Notwithstanding the placement preferences listed in subsections 1 and 2, if a different order of placement preference is established by the child's tribe or in a binding agreement between the child's tribe and the state entered into pursuant to section 232B.11, the court or agency effecting the placement shall follow the order of preference established by the tribe or in the agreement. 6. As appropriate, the placement preference of the Indian child or parent shall be considered. In applying the preferences, a consenting parent's request for anonymity shall also be given weight by the court or agency effecting the placement. Unless there is clear and convincing evidence that placement within the order of preference applicable under subsection 1, 2, or 5 would be harmful to the Indian child, consideration of the preference of the Indian child or parent or a parent's request for anonymity shall not be a basis for placing an Indian child outside of the applicable order of preference. | 4. Tribal resolution for different order of preference; personal preference considered; anonymity in application of preferences. In the case of a placement under subsection 1 or 2, if the Indian child's tribe establishes a different order of preference by resolution, the agency or court effecting the placement shall follow that order as long as the placement is the least restrictive setting appropriate to the particular needs of the Indian child, as provided in subsection 2. When appropriate, the preference of the Indian child or parent must be considered. When a consenting parent evidences a desire for anonymity, the court or agency must give weight to such desire in applying the preferences. Me. Rev. Stat. tit. 22, § 3948 | 712B.23 (6) In the case of a placement under subsection (1) or (2), if the Indian child's tribe establishes a different order of preference, the department or court ordering the placement shall follow the tribe's order of preference. | (b) In the case of a placement under paragraph (c) or (d), if the Indian child's Tribe has established a different order of placement preference by resolution, the child-placing agency and the court shall recognize the Indian child's Tribe's order of placement in the form provided by the Tribe. Minn. Stat. Ann. § 260.771 (West) | (4) Notwithstanding the placement preferences listed in subsections (2) and (3), if a different order of placement preference is established by the Indian child's tribe, the court or agency implementing the placement shall follow the order of preference established by the tribe if the placement is in the least restrictive setting appropriate to the particular needs of the Indian child and within reasonable proximity to the child's home. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) (5) When appropriate, the preference of the Indian child or the child's parent must be considered by the court. (6) The standards to be applied in meeting the preference requirements of this section must be the prevailing social and cultural standards of the Indian community in which the parent or extended family members of an Indian child reside or with which the parent or extended family members maintain social and cultural ties. (7) Nothing in this section prevents the department or the court from placing an Indian child with a parent to effectuate a permanency plan regardless of the parent's relationship to the Indian child's tribe. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1508(3) In the case of a placement under subsection (1) or (2) of this section, if the Indian child's primary tribe shall establish a different order of preference by resolution or in the absence thereof the order established by resolution of the Indian child's other tribes, the agency or court effecting the placement shall follow such order so long as the placement is the least restrictive setting appropriate to the particular needs of the child, as provided in subsection (2) of this section. When appropriate, the preference of the Indian child or parent shall be considered, except that, when a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences. | G. If the Indian child's tribe has established a different order of preference than that specified in the Indian Family Protection Act, the Indian child's tribe's placement preferences shall apply. N.M. Stat. Ann. § 32A-28-21 (West) I. In the case of a foster care placement, adoptive placement or guardianship of an Indian child pursuant to the Children's Code, if the Indian child's tribe establishes a different order of preference, the adoption agency or court effecting the placement shall follow the order of preference established by the Indian child's tribe. When appropriate, the preference of the Indian child or parent may be considered; provided that the court has not terminated the parental rights of the Indian child's parent. N.M. Stat. Ann. § 32A-28-21 (West) | See Placement Preference Provisions | RCWA 13.38.180 (4)-(5) (4) Notwithstanding the placement preferences listed in subsections (2) and (3) of this section, if a different order of placement preference is established by the child's tribe, the court or agency effecting the placement shall follow the order of preference established by the tribe so long as the placement is in the least restrictive setting appropriate to the particular needs of the child. (5) Where appropriate, the preference of the Indian child or his or her parent shall be considered by the court. Where a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences. | 48.028(7)(c) Tribal or personal preferences. In placing an Indian child under par. (a), (b), or (bm) or in delegating powers regarding an Indian child under par. (a), if the Indian child's tribe has established, by resolu on, an order of preference that is different from the order specified in par. (a) or (b), the order of preference established by that tribe shall be followed, in the absence of good cause, as described in par. (e), to the contrary, so long as the placement or delega on under par. (a) is appropriate for the Indian child's special needs, if any, and the placement under par. (b) or (bm) is the least restrictive setting appropriate for the Indian child's needs as specified in par. (b). When appropriate, the preference of the Indian child or parent shall be considered, and, when a parent who has consented to the placement or delegation evidences a desire for anonymity, that desire shall be given weight, in determining the placement or delega on. | (c) In the case of a placement under subsections (a) or (b) of this section, if the Indian child's tribe establishes a different order of preference by tribal resolution, the agency or court making the placement shall follow the tribal resolution as long as the placement is the least restrictive setting appropriate to the particular needs of the child. For purposes of this section, the preference of the Indian child and parent shall be considered, provided that if a parent consenting to a placement under W.S. 14-6-705 requests anonymity, the court or agency shall consider the parent's request in applying the preferences. Wyo. Stat. Ann. § 14-6-707 (West) | |||||||||||||||||
66 | 1915(d) Social Standards | §1915(d) Social and cultural standards applicable The standards to be applied in meeting the preference requirements of this section shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties. | (f) The prevailing social and cultural standards of the Indian community in which the parent or extended family members of an Indian child reside, or with which the parent or extended family members maintain social and cultural ties, or the prevailing social and cultural standards of the Indian child's tribe shall be applied in meeting the placement preferences under this section. A determination of the applicable prevailing social and cultural standards may be confirmed by the Indian child's tribe or by the testimony or other documented support of a qualified expert witness, as defined in subdivision (c) of Section 224.6, who is knowledgeable regarding the social and cultural standards of the Indian community. Cal. Welf. & Inst. Code § 361.31 (West) | The standards to be applied in meeting the preference requirements set forth in sections 16 and 17 of this act shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties. Conn. Gen. Stat. Ann. § P.A. 23-113, § 19 (West) | ICA 232B.9(7) The prevailing social and cultural standards of the Indian community in which the parent or extended family members of an Indian child reside, or with which such parent or extended family members maintain social and cultural ties, or the prevailing social and cultural standards of the Indian child's tribe shall be applied in qualifying any placement having a preference under this section. A determination of the applicable prevailing social and cultural standards shall be confirmed by the testimony or other documented support of qualified expert witnesses. | 5. Social and cultural standards applicable. The standards to be applied in meeting the preference requirements of this section must be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties. Me. Rev. Stat. tit. 22, § 3948 | MCLA 712B.23(8) The standards to be applied in meeting the placement preferences established in this section shall be the prevailing social and cultural standards of the Indian tribe or tribes in which the parent or extended family resides or maintains social and cultural ties. +H56 | (g) The standards to be applied in meeting the preference requirements of this subdivision shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties. Minn. Stat. Ann. § 260.771 (West) | Neb. Rev. St. § 43-1508(4) The standards to be applied in meeting the preference requirements of this section shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties. Good cause to deviate from the placement preferences in subsections (1) through (3) of this section includes: (a) The request of the biological parents or the Indian child when the Indian child is at least twelve years of age; (b) the extraordinary physical or emotional needs of the Indian child as established by testimony of a qualified expert witness; or (c) the unavailability of suitable families for placement after a diligent search has been completed for families meeting the preference criteria. The burden of establishing the existence of good cause to deviate from the placement preferences and order shall be by clear and convincing evidence on the party urging that the preferences not be followed. | 5. The standards to be applied in meeting the placement preference requirements of this subsection must be the prevailing social and cultural standards of the Indian community in which the Indian child's parent, Indian custodian, or extended family members reside or with which the Indian child's parent, Indian custodian, or extended family members maintain social and cultural ties. N.D. Cent. Code Ann. § 27-19.1-05 (West) | See Good Cause Provision | RCWA 13.38.180(6) The standards to be applied in meeting the preference requirements of this section shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family members of an Indian child reside, or with which the parent or extended family members maintain social and cultural ties. | 48.028(7)(d)-(e) (d) Social and cultural standards. The standards to be applied in meeting the placement preference requirements of this subsection shall be the prevailing social and cultural standards of the Indian community in which the Indian child's parents or extended family members reside or with which the Indian child's parents or extended family members maintain social and cultural ties. (e) Good cause. 1. Whether there is good cause to depart from the order of placement preference under par. (a), (b), or (c) shall be determined based on any one or more of the following considerations: a. When appropriate, the request of the Indian child's parent or, if the Indian child is of sufficient age and developmental level to make an informed decision, the Indian child, unless the request is made for the purpose of avoiding the application of this section and the federal Indian Child Welfare Act, 25 USC 1901 to 1963. b. Any extraordinary physical, mental, or emotional health needs of the Indian child requiring highly specialized treatment services as established by the testimony of an expert witness, including a qualified expert witness. The length of time that an Indian child has been in a placement or subject to a delegation of powers, as described in sub. (2) (d) 5., does not, in itself, constitute an extraordinary emotional health need. c. The unavailability of a suitable placement for the Indian child after diligent efforts have been made to place the Indian child in the order of preference under par. (a), (b), or (c) or the unavailability of a suitable agent to whom to delegate powers, as described in sub. (2) (d) 5., regarding the Indian child a er diligent efforts have been made to delegate those powers in the order of preference under par. (a). 2. The burden of establishing good cause to depart from the order of placement preference under par. (a), (b), or (c) shall be on the party requesting that departure. | (d) The standards to be applied in meeting the preference requirements of this section shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties. Wyo. Stat. Ann. § 14-6-707 (West) | |||||||||||||||||||
67 | 1915(e) Record of Placement | §1915(e) Record of placement; availability A record of each such placement, under State law, of an Indian child shall be maintained by the State in which the placement was made, evidencing the efforts to comply with the order of preference specified in this section. Such record shall be made available at any time upon the request of the Secretary or the Indian child's tribe. | 23.141 (a) The State must maintain a record of every voluntary or involuntary foster-care, preadoptive, and adoptive placement of an Indian child and make the record available within 14 days of a request by an Indian child's Tribe or the Secretary. (b) The record must contain, at a minimum, the petition or complaint, all substantive orders entered in the child-custody proceeding, the complete record of the placement determination (including, but not limited to, the findings in the court record and the social worker's statement), and, if the placement departs from the placement preferences, detailed documentation of the efforts to comply with the placement preferences. (c) A State agency or agencies may be designated to be the repository for this information. The State court or agency should notify the BIA whether these records are maintained within the court system or by a State agency. | (m) A record of each foster care placement or adoptive placement of an Indian child shall be maintained in perpetuity by the State Department of Social Services. The record shall document the active efforts to comply with the applicable order of preference specified in this section, and shall be made available within 14 days of a request by the child's tribe. Cal. Welf. & Inst. Code § 361.31 (West) | A record of each such placement, under state law, of an Indian child shall be maintained by the Commissioner of Children and Families, evidencing the efforts to comply with the order of preference requirements set forth in sections 16 and 17 of this act. Such record shall be made available at any time upon the request of the Secretary or the Indian child's tribe. Conn. Gen. Stat. Ann. § P.A. 23-113, § 20 (West) | ICA 232B.9(8) A record of each foster care placement, emergency removal, preadoptive placement, or adoptive placement of an Indian child, under the laws of this state, shall be maintained in perpetuity by the department of human services in accordance with section 232B.13. The record shall document the active efforts to comply with the applicable order of preference specified in this section. 1. The department shall establish an automated database where a permanent record shall be maintained of every involuntary or voluntary foster care, preadoptive placement, or adoptive placement of an Indian child that is ordered by a court of this state and in which the department was involved. The automated record shall document the active efforts made to comply with the order of placement preference specified in section 232B.9. An Indian child's placement record shall be maintained in perpetuity by the department and shall include but is not limited to the name, birthdate, and gender of the Indian child, and the location of the local department office that maintains the original file and documents containing the information listed in subsection 2. 2. Each county department of human services, state-licensed child-placing agency, private attorney, and medical facility involved in the involuntary or voluntary foster care placement, preadoptive placement, or adoptive placement of an Indian child shall maintain in perpetuity a record of the placement. The record shall include, but is not limited to, all of the following information: a. The name and tribal affiliation of the child. b. The location of the child's Indian tribe or tribes. c. The names and addresses of the child's biological parents. d. The child's certificate of degree of Indian blood. e. The child's tribal enrollment or other membership documentation, if any. f. The child's medical records. g. The social and medical history of the child's biological family. h. The names, ages, and gender of the child's siblings. i. The names, ages, and gender of the child's kinship or extended family members. j. The names and addresses of the child's adoptive parents. k. The identity of any agency having files or information relating to the placement. l. All reports concerning the child or the child's family, including detailed information regarding case plans and other efforts to rehabilitate the parents of the child. m. A record of efforts made to place the child within and outside of the placement preferences under section 232B.9. n. A statement of the reason for the final placement decision. 3. If a court orders the foster care, preadoptive placement, or adoptive placement of an Indian child, the court and any state-licensed child-placing agency involved in the placement shall provide the department with the records described in subsections 1 and 2. 4. A record maintained pursuant to this section by the department, a county department of human services, state-licensed child-placing agency, private attorney, or medical facility shall be made available within seven days of a request for the record by the Indian child's tribe or the secretary of the interior. Iowa Code Ann. § 232B.13 (West) | 6. Record of placement; availability. A record of each placement under this section of an Indian child must be maintained by the State, including evidence of the efforts made to comply with the order of preference specified in this section. The record must be made available at any time upon the request of the United States Secretary of the Interior or the Indian child's tribe. Me. Rev. Stat. tit. 22, § 3948 | MCLA 712B.23(7) A record of each placement of an Indian child shall be maintained by the department or court evidencing the efforts to comply with the order of preference specified in this section. The record shall be made available at any time upon the request of the secretary or Indian child's tribe. | (i) A record of each such placement of an Indian child under state law shall be maintained by the county in which the placement was made and by the Department of Human Services evidencing the efforts to comply with the order of preference specified in this section. The record shall be made available at any time upon the request of the Secretary of the Interior or the Indian child's Tribe. Minn. Stat. Ann. § 260.771 (West) | Neb. Rev. St. § 43-1508(5) A record of each such placement, under state law, of an Indian child shall be maintained by the state, evidencing the efforts to comply with the order of preference specified in this section. Such record shall be made available at any time upon the request of the secretary or the Indian child's tribe or tribes. | Sec. 48. 1. Notwithstanding any other provision of law, if an Indian child's tribe or the United States Secretary of the Interior requests access to the adoption records of an Indian child, the court must make the records available not later than 14 days following the date of the request. 2. The records made available under subsection 1 must, at a minimum, include the petition, all substantive orders entered in the adoption proceeding, the complete record of the placement finding and, if the placement departs from the placement preferences under section 37 of this act, detailed documentation of the efforts to comply with the placement preferences. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | E. Whenever there is any change in placement of an Indian child, the department shall file a notice of placement change with the court. The department shall also notify the Indian child's tribe, by certified mail with return receipt requested. N.M. Stat. Ann. § 32A-28-21 (West) | 7. The department or a child welfare agency shall maintain a record of each adoptive placement, foster care or nonfoster care placement, preadoptive placement, and delegation of powers, made of an Indian child, evidencing the efforts made to comply with the placement preference requirements specified in this section, and shall make that record available at any time on the request of the United States secretary of the interior or the Indian child's tribe. N.D. Cent. Code Ann. § 27-19.1-05 (West) | 10 Okl. St. Ann. §40.9 The Department of Human Services shall establish a single location where all records of every involuntary foster care, pre-adoptive placement and adoptive placement by the courts of any Indian child in the custody of the Department of Human Services or under Department of Human Services supervision will be available within seven (7) days of a request by the tribe of the Indian child or by the Secretary of Interior. The records shall include, but not be limited to, all reports of the state caseworker, including a summary of the efforts to rehabilitate the parents of the Indian child, a list of the names and addresses of families and tribally approved homes contacted regarding placement, and a statement of reason for the final placement decision. | 48.028(7)(f) Report of placements and delegations of powers. The department, a county department, or a child welfare agency shall maintain a record of each adoptive placement, out‐of‐home care placement, preadoptive placement, and delegation of powers, as described in sub. (2) (d) 5., made of an Indian child, evidencing the efforts made to comply with the placement preference requirements specified in this subsection, and shall make that record available at any time on the request of the U.S. secretary of the interior or the Indian child's tribe. | (e) A record of each placement of an Indian child shall be maintained by the court or agency making the placement. The record shall show the efforts made to comply with the order of preference specified in this section. Records maintained under this subsection shall be made available at any time upon the request of the Indian child's tribe or the United States secretary of the interior. Wyo. Stat. Ann. § 14-6-707 (West) | |||||||||||||||||
68 | 1916(a) Return to Parent | §1916(a) Petition; best interests of child Notwithstanding State law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant such petition unless there is a showing, in a proceeding subject to the provisions of section 1912 of this title, that such return of custody is not in the best interests of the child. | 23.139 Must notice be given of a change in an adopted Indian child's status? (a) If an Indian child has been adopted, the court must notify, by registered or certified mail with return receipt requested, the child's biological parent or prior Indian custodian and the Indian child's Tribe whenever: (1) A final decree of adoption of the Indian child has been vacated or set aside; or (2) The adoptive parent has voluntarily consented to the termination of his or her parental rights to the child. (b) The notice must state the current name, and any former name, of the Indian child, inform the recipient of the right to petition for return of custody of the child, and provide sufficient information to allow the recipient to participate in any scheduled hearings. (c) A parent or Indian custodian may waive his or her right to such notice by executing a written waiver of notice and filing the waiver with the court. (1) Prior to accepting the waiver, the court must explain the consequences of the waiver and explain how the waiver may be revoked. (2) The court must certify that the terms and consequences of the waiver and how the waiver may be revoked were explained in detail in English (or the language of the parent or Indian custodian, if English is not the primary language), and were fully understood by the parent or Indian custodian. (3) Where confidentiality is requested or indicated, execution of the waiver need not be made in a session of court open to the public but still must be made before a court of competent jurisdiction in compliance with this section. (4) The biological parent or Indian custodian may revoke the waiver at any time by filing with the court a written notice of revocation. (5) A revocation of the right to receive notice does not affect any child-custody proceeding that was completed before the filing of the notice of revocation. | Notwithstanding any provision of the general statutes, whenever a final decree of adoption of an Indian child has been vacated or set aside, or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian of the child may petition for return of custody and the court shall grant such petition unless there is a showing, in a proceeding subject to the provisions of sections 5 to 10, inclusive, of this act, that such return of custody is not in the best interests of the child. Conn. Gen. Stat. Ann. § P.A. 23-113, § 21 (West) | ICA 232B.8(1) If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant the petition unless there is a showing, in a proceeding subject to the provisions of this chapter, that the return of custody is not in the best interest of the child. | 1. Petition; best interests of Indian child. Notwithstanding any provision of law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the Indian child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant the petition unless there is a showing, in a proceeding subject to the provisions of section 3945, that the return of custody is not in the best interests of the Indian child. Me. Rev. Stat. tit. 22, § 3949 | MCLA 712B.27(6) Notwithstanding state law to the contrary, whenever a final order of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant the petition unless there is a showing, in a proceeding subject to the provisions of section 1912 of the Indian child welfare act, 25 USC 1912, that the return of custody is not in the best interests of the child. | Subd. 3. Return of custody following adoption. (a) Whenever a final decree of adoption of an Indian child has been vacated, set aside, or there is a termination of the parental rights of the adoptive parents to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant the petition unless there is a showing, in proceedings subject to the provision of sections 260.751 to 260.835, that the return of custody is not in the best interests of the Indian child. (b) The county attorney, Indian child, Indian child's Tribe, or a parent whose parental rights were terminated under a previous order of the court may file a petition for the return of custody. (c) A petition for return of custody may be filed in court when: (1) the parent or Indian custodian has corrected the conditions that led to an order terminating parental rights; (2) the parent or Indian custodian is willing and has the capability to provide day-to-day care and maintain the health, safety, and welfare of the Indian child; and (3) the adoption has been vacated, set aside, or termination of the parental rights of the adoptive parents to the Indian child has occurred. (d) A petition for reestablishment of the legal parent and child relationship for a child who has not been adopted must meet the requirements in section 260C.329. Minn. Stat. Ann. § 260.774 (West) | Section 17. Removal of Indian child from adoptive or foster care placement. (1) If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the Indian child, the biological parent or prior Indian custodian may petition to have the Indian child returned to the custody of the parent or Indian custodian. The court shall grant the request unless there is a showing by clear and convincing evidence that return of custody to the biological parent or Indian custodian is not in the best interests of the child. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1509(1) Notwithstanding any other state law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant such petition unless there is a showing, in a proceeding subject to the provisions of section 43-1505, that such return of custody is not in the best interests of the Indian child. | Sec. 47. 1. If a judgment of adoption of an Indian child under this chapter is vacated, the court vacating the judgment must notify, by registered or certified mail with return receipt requested, the Indian child's former parents, prior Indian custodian, if any, and Indian tribe and the appropriate agency which provides child welfare services. 2. The notice required under subsection 1 must: (a) Include the Indian child's current name and any former names as reflected in the court record; (b) Inform the recipient of the right to move the court for the return of custody of and restoration of parental rights to the Indian child, if appropriate, under this section; (c) Provide sufficient information to allow the recipient to participate in any scheduled hearings; and (d) Be sent to the last known address in the court record. 3. An Indian child's former parent or prior Indian custodian may waive notice under this section by executing a waiver of notice in person before the court and filing the waiver with the court. The waiver must clearly set out any conditions to the waiver. Before the execution of the waiver, the court must explain to the former parent or prior Indian custodian, on the record in detail and in the language of the former parent or prior Indian custodian: (a) The former parent's right to legal counsel, if applicable; (b) The terms and consequences of the waiver; and (c) How the waiver may be revoked. 4. After execution of the waiver pursuant to subsection 3, the court shall certify that it provided the explanation as required under subsection 3 and that the former parent or prior Indian custodian fully understood the explanation. 5. At any time before the entry of a judgment of adoption of an Indian child, the former parent or prior Indian custodian may revoke a waiver executed by the former parent or prior Indian custodian pursuant to subsection 3 by filing a written revocation with the court or by making a statement of revocation on the record in a proceeding for the adoption of the Indian child. 6. If a judgment of adoption of an Indian child under this chapter is vacated other than as provided in section 38 of this act, an Indian child's former parent or prior Indian custodian may intervene in the proceeding and move the court for the Indian child to be returned to the custody of the former parent or prior Indian custodian and for the parental rights to the Indian child to be restored. The moving party shall provide by registered or certified mail, return receipt requested, notice of the motion for the Indian child to be returned to the custody of the former parent or prior Indian custodian and the time set for filing objections to the motion, together with notice of proceeding in the form required under subsection 3 of section 31 of this act to: (a) The agency which provides child welfare services in the county in which the order was vacated; (b) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; (c) The child's parents; (d) The child's Indian custodian, if applicable; and (e) The appropriate Regional Director of the United States Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the identity or location of the child's parents cannot be ascertained. The petitioner shall file a declaration of compliance, including a copy of each notice sent under this subsection, together with any return receipts or other proof of service. 7. Upon the filing of an objection to a motion made pursuant to subsection 6, the court shall fix the time for hearing on objections. 8. The court shall order the Indian child to be returned to the custody of the former parent or prior Indian custodian or restore the parental rights to the Indian child unless the court finds, by clear and convincing evidence, that the return of custody or restoration of parental rights is not in the child's best interests, as described in section 20 of this act. If the court orders the Indian child to be returned to the custody of the former parent or prior Indian custodian, the court's order must include a transition plan for the physical custody of the child, which may include protective supervision. 9. As used in this section: (a) "Former parent" means a person who was previously the legal parent of an Indian child subject to a judgment of adoption under this chapter and whose parental rights have not been restored under section 46 of this act. (b) "Prior Indian custodian" means a person who was previously the custodian of an Indian child subject to a judgment of adoption of the child under this chapter. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | Whenever an Indian child has been adopted and the relationship between the adoptive parent and the Indian child has been severed for any reason, a biological parent, guardian or prior Indian custodian may petition for return of custody, and there shall be a presumption that the Indian child shall be returned to the biological parent, guardian or prior Indian custodian, unless the return of custody is not in the best interests of the Indian child. The provisions of this section shall not be deemed to conflict with other provisions pertaining to return of custody in the Indian Family Protection Act. N.M. Stat. Ann. § 32A-28-35 (West) | RCWA 13.38.170(1) If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, the biological parent or prior Indian custodian may petition to have the child returned to their custody and the court shall grant the request unless there is a showing by clear and convincing evidence that return of custody to the biological parent or prior Indian custodian is not in the best interests of the Indian child. | 48.028(8)(a) Adoption vacated, set aside, or terminated. If a final order granting adop on of an Indian child is vacated or set aside or if the parental rights to an Indian child of all adoptive parents of the Indian child are voluntarily terminated, the Indian child's former parent or former Indian custodian may petition for the return of custody of the Indian child. On receipt of a return of custody petition, the court shall set a date for a hearing on the petition that allows reasonable time for the parties to prepare. The court shall provide notice of the hearing to the guardian and legal custodian of the Indian child, to all other interested parties as provided in s. 48.27 (6), and to the Indian child's former parent and former Indian custodian. At the conclusion of the hearing, the court shall grant a petition for the return of custody of the Indian child to the Indian child's former parent or former Indian custodian unless there is a showing that return of custody is not in the best interests of the Indian child. | (a) Notwithstanding any other provision of law, when a final decree of adoption of an Indian child has been vacated or set aside, or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for the return of the Indian child to the parent's or Indian custodian's custody. The court shall grant the petition unless there is a showing, subject to W.S. 14-6-704, that return of custody is not in the child's best interests. Wyo. Stat. Ann. § 14-6-708 (West) | ||||||||||||||||||
69 | 1916(b) Change in Placement | §1916(b) Removal from foster care home; placement procedure Whenever an Indian child is removed from a foster care home or institution for the purpose of further foster care, preadoptive, or adoptive placement, such placement shall be in accordance with the provisions of this chapter, except in the case where an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed. | Whenever an Indian child is removed from a foster care placement for the purpose of further foster care, preadoptive or adoptive placement, such placement shall be in accordance with the provisions of sections 2 to 28, inclusive, of this act, except in the case where an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed. Conn. Gen. Stat. Ann. § P.A. 23-113, § 22 (West) | ICA 232B.8(2) If an Indian child is removed from a foster care home or institution for the purpose of further foster care, preadoptive, or adoptive placement, the placement shall be in accordance with the provisions of this chapter, except when an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed. | 2. Removal from foster care placement; procedure. Whenever an Indian child is removed from a foster care home or institution for the purpose of further foster care placement or preadoptive or adoptive placement, the placement must be in accordance with the provisions of this chapter, except for a case in which an Indian child is being returned to the parent or Indian custodian from whose custody the Indian child was originally removed. Me. Rev. Stat. tit. 22, § 3949 | (2) If an Indian child is removed from a foster care placement or a preadoptive or adoptive home for the purposes of further foster care or a preadoptive or adoptive placement, the placement must be made in accordance with [sections 1 through 18] unless an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1509(2) Whenever an Indian child is removed from a foster care home or institution for the purpose of further foster care, preadoptive, or adoptive placement, such placement shall be in accordance with the Nebraska Indian Child Welfare Act, except in the case in which an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed. | RCWA 13.38.170(2) If an Indian child is removed from a foster care placement or a preadoptive or adoptive home for the purpose of further foster care, preadoptive, or adoptive placement, the placement shall be in accordance with this chapter, except when an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed. | 48.028(8)(b) Removal from out-of-home care placement. If an Indian child is removed from an out‐of‐home care placement for the purpose of placing the Indian child in another out‐of‐home care placement, a preadoptive placement, or an adoptive placement, the placement shall be made in accordance with this section. Removal of an Indian child from an out‐of‐home care placement for the purpose of returning the Indian child to the home of the parent or Indian custodian from whose custody the Indian child was originally removed is not subject to this section. | (b) When an Indian child is removed from a shelter care placement or institution for the purpose of further shelter care, preadoptive placement or adoptive placement, the placement shall be in accordance with this act unless an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed. Wyo. Stat. Ann. § 14-6-708 (West) | |||||||||||||||||||||||
70 | 1917 Right to Information | §1917 Tribal affiliation information and other information of protection of rights from tribal relationships; application of subject of adoptive placement; disclosure by court- Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement, the court which entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual's biological parents and provide such other information as may be necessary to protect any rights flowing from the individual's tribal relationship. | 23.138 Upon application by an Indian who has reached age 18 who was the subject of an adoptive placement, the court that entered the final decree of adoption must inform such individual of the Tribal affiliations, if any, of the individual's biological parents and provide such other information necessary to protect any rights, which may include Tribal membership, resulting from the individual's Tribal relationship. | Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement under sections 2 to 28, inclusive, of this act, the court that entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual's biological parents and provide such other information as may be necessary to protect any rights derived from the individual's tribal relationship. Conn. Gen. Stat. Ann. § P.A. 23-113, § 23 (West) | ICA 232B.13(6) Upon application of an Indian individual who is eighteen years of age or older and was the subject of an adoptive placement, the court that entered the final decree shall inform the individual regarding the individual's tribal affiliation and any of the individual's biological parents, and shall provide such other information as may be necessary to protect any rights arising from the individual's tribal affiliation. In addition, the court shall provide the individual, through an appropriate order, if necessary, with information described in subsection 2 as may be secured from the records maintained pursuant to subsection 2. 7. If a parent of an Indian child wishes to remain anonymous, identifying records concerning any such parent shall not be released unless necessary to secure, maintain, or enforce the Indian child's right to enrollment or membership in the child's Indian tribe, for determining a right or benefit associated with the enrollment or membership, or for determining a right to an inheritance. Iowa Code Ann. § 232B.13 (West) | Upon application by an individual who has reached 18 years of age and who was an Indian child and the subject of an adoptive placement, the District Court or Probate Court that entered the final decree shall inform the individual of the tribal affiliation, if any, of the individual's biological parents and provide any other information necessary to protect any rights of the individual arising from the individual's tribal relationship. Me. Rev. Stat. tit. 22, § 3950 | MCLA 712B.27(4) Upon application by an Indian individual who has reached the age of 18 and who was subject to adoptive placement, the court that entered the order of adoption shall inform the individual of his or her tribal affiliation, if known, of the individual's biological parents, and provide any information as necessary to protect any rights from the individual's tribal relationship. | MSA §260.781(2) Upon the request of an adopted Indian person over the age of 18, the adoptive or foster parents of an Indian person, or an Indian tribal social services agency, the Department of Human Services shall disclose to the Indian person's tribe information necessary for membership of an Indian person in the tribe in which the person may be eligible for membership or for determining any rights or benefits associated with that membership. When the documents relating to the person contain an affidavit from the biological or adoptive parent or parents requesting anonymity, the department must use the procedures described in United States Code, title 25, section 1951, paragraph (b). | Neb. Rev. St. § 43-1510 Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement, the court which entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual's biological parents and provide such other information as may be necessary to protect any rights flowing from the individual's tribal relationship. | B. Upon application by an Indian person who has reached the age of eighteen and who was the subject of an adoptive placement in this state prior to the enactment of the Indian Family Protection Act, the court that entered the final decree shall inform that Indian person of the tribal affiliation, if any, of the Indian person's biological parents and provide any other information necessary to protect any rights flowing from the Indian person's tribal relationship. N.M. Stat. Ann. § 32A-28-37 (West) | 48.028(9)(c) Provision of tribal affiliation to adoptee. At the request of an Indian adoptee who is 18 years of age or older, the court that entered the order granting adop on of the adoptee shall provide or arrange to provide the adoptee with the tribal affiliation, if any, of the adoptee's birth parents and with such other information as may be necessary to protect any rights accruing to the adoptee as a result of that affiliation. | Upon application by an Indian person who has reached age eighteen (18) and who was the subject of an adoption, the court that entered the final decree shall inform the person of the tribal affiliation, if any, of the person's biological parents and provide any other information as may be necessary to protect any rights resulting from the person's tribal relationship. Wyo. Stat. Ann. § 14-6-709 (West) | |||||||||||||||||||||
71 | 1918(a) Retrocession PL280 | §1918(a) Petition; suitable plan; approval by Secretary Any Indian tribe which became subject to State jurisdiction pursuant to the provisions of the Act of August 15, 1953 (67 Stat. 588), as amended by Title IV of the Act of April 11, 1968 (82 Stat. 73, 78), or pursuant to any other Federal law, may reassume jurisdiction over child custody proceedings. Before any Indian tribe may reassume jurisdiction over Indian child custody proceedings, such tribe shall present to the Secretary for approval a petition to reassume such jurisdiction which includes a suitable plan to exercise such jurisdiction. | Conn. Gen. Stat. Ann. § P.A. 23-113, § 22 (West) | ||||||||||||||||||||||||||||||
72 | 1918(b) Retrocession PL280 | §1918(b) Criteria applicable to consideration by Secretary; partial retrocession (1) In considering the petition and feasibility of the plan of a tribe under subsection (a), the Secretary may consider, among other things: (i) whether or not the tribe maintains a membership roll or alternative provision for clearly identifying the persons who will be affected by the reassumption of jurisdiction by the tribe; (ii) the size of the reservation or former reservation area which will be affected by retrocession and reassumption of jurisdiction by the tribe; (iii) the population base of the tribe, or distribution of the population in homogeneous communities or geographic areas; and (iv) the feasibility of the plan in cases of multitribal occupation of a single reservation or geographic area. (2) In those cases where the Secretary determines that the jurisdictional provisions of section 1911(a) of this title are not feasible, he is authorized to accept partial retrocession which will enable tribes to exercise referral jurisdiction as provided in section 1911(b) of this title, or, where appropriate, will allow them to exercise exclusive jurisdiction as provided in section 1911(a) of this title over limited community or geographic areas without regard for the reservation status of the area affected. | |||||||||||||||||||||||||||||||
73 | 1918(c) Retrocession PL280 | §1918(c) Approval of petition; publication in Federal Register; notice; reassumption period; correction of causes for disapproval If the Secretary approves any petition under subsection (a), the Secretary shall publish notice of such approval in the Federal Register and shall notify the affected State or States of such approval. The Indian tribe concerned shall reassume jurisdiction sixty days after publication in the Federal Register of notice of approval. If the Secretary disapproves any petition under subsection (a), the Secretary shall provide such technical assistance as may be necessary to enable the tribe to correct any deficiency which the Secretary identified as a cause for disapproval. | |||||||||||||||||||||||||||||||
74 | 1918(d) Retrocession PL280 | §1918(d) Pending actions or proceedings unaffected Assumption of jurisdiction under this section shall not affect any action or proceeding over which a court has already assumed jurisdiction, except as may be provided pursuant to any agreement under section 1919 of this title. | |||||||||||||||||||||||||||||||
75 | 1919(a) Tribal State Agreements | §1919(a)Subject coverage States and Indian tribes are authorized to enter into agreements with each other respecting care and custody of Indian children and jurisdiction over child custody proceedings, including agreements which may provide for orderly transfer of jurisdiction on a case-by-case basis and agreements which provide for concurrent jurisdiction between States and Indian tribes. | Notwithstanding section 3-6c of the general statutes, the state Department of Children and Families is authorized to enter into an agreement with a federally recognized Indian tribe or an Indian tribe recognized by the state of Connecticut located within the geographic boundaries of the state respecting the care and custody of Indian children and jurisdiction over child custody proceedings, including agreements which may provide for orderly transfer of jurisdiction, providing services to Indian families, and agreements providing for concurrent jurisdiction between the state and such tribe. Such agreements shall contain a provision allowing either party to revoke such agreement upon written notice of one hundred eighty days to the other party, and such agreement shall address the impact of such revocation on a proceeding over which a court had assumed jurisdiction at the time of revocation. Conn. Gen. Stat. Ann. § P.A. 23-113, § 24 (West) | ICA 232B.11(1)-(2) 1. The director of human services or the director's designee shall make a good faith effort to enter into agreements with Indian tribes regarding jurisdiction over child custody proceedings and the care and custody of Indian children whose tribes have land within Iowa, including but not limited to the Sac and Fox tribe, the Omaha tribe, the Ponca tribe, and the Winnebago tribe, and whose tribes have an Indian child who resides in the state of Iowa. An agreement shall seek to promote the continued existence and integrity of the Indian tribe as a political entity and the vital interest of Indian children in securing and maintaining a political, cultural, and social relationship with their tribes. An agreement shall assure that tribal services and Indian organizations or agencies are used to the greatest extent practicable in planning and implementing any action pursuant to the agreement concerning the care and custody of Indian children. If tribal services are not available, an agreement shall assure that community services and resources developed specifically for Indian families will be used. 2. If an agreement entered into between the tribe and the department of human services pertaining to the funding of foster care placements for Indian children conflicts with any federal or state law, the state in a timely, good faith manner shall agree to amend the agreement in a way that prevents any interruption of services to eligible Indian children. 9. The state of Iowa recognizes the authority of Indian tribes to license foster homes and to license agencies to receive children for control, care, and maintenance outside of the children's own homes, or to place, receive, arrange the placement of, or assist in the placement of children for foster care or adoption. The department and child-placing agencies licensed under chapter 238 may place children in foster homes and facilities licensed by an Indian tribe. Iowa Code Ann. § 232B.9 (West) | The State may enter into agreements with Indian tribes with respect to the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including agreements that provide for orderly transfer of jurisdiction on a case-by-case basis and agreements that provide for concurrent jurisdiction between the State and Indian tribes. A revocation of an agreement under this section does not affect any action or proceeding over which a court has already assumed jurisdiction, unless the agreement provides otherwise. Me. Rev. Stat. tit. 22, § 3955 | MCLA 712B.31 (1) The state is authorized to enter into agreements with tribes in this state regarding the care and custody of Indian children, funding of the care and custody of Indian children, and jurisdiction over child custody proceedings, including agreements that may provide for transfer of jurisdiction on a case-by-case basis and agreements that provide for concurrent jurisdiction between the state and Indian tribes. | A Tribe and a county may enter a written agreement transferring responsibility for the screening and initial response to a child maltreatment report regarding an Indian child residing in the county where the child's reservation is located, from the county to the Tribe. An agreement under this section shall include a provision clarifying whether the county or the Tribe is responsible for ongoing case management stemming from a child maltreatment report. Minn. Stat. Ann. § 260.7611 (West) Subd. 5. Indian Tribe agreements. The commissioner or the child-placing agency is hereby authorized to enter into agreements with Indian Tribes respecting care and custody of Indian children and jurisdiction over child placement proceedings, including agreements which may provide for orderly transfer of jurisdiction on a case-by-case basis and agreements which provide for concurrent jurisdiction between the state and an Indian Tribe. Minn. Stat. Ann. § 260.771 (West) A Tribe and a county may enter a written agreement transferring responsibility for the screening and initial response to a child maltreatment report regarding an Indian child residing in the county where the child's reservation is located, from the county to the Tribe. An agreement under this section shall include a provision clarifying whether the county or the Tribe is responsible for ongoing case management stemming from a child maltreatment report. Minn. Stat. Ann. § 260.7745 (West) | Neb. Rev. St. § 43-1511(1) The appropriate departments and agencies of this state are authorized to enter into agreements with Indian tribes respecting care and custody of Indian children and jurisdiction over child custody proceedings, including agreements which may provide for orderly transfer of jurisdiction on a case-by-case basis and agreements which provide for concurrent jurisdiction between the state and Indian tribes. | Sec. 25. 1. Agencies shall make a good faith effort to enter into a tribal-state agreement with any Indian tribe within the borders of this State. Agencies may also enter into a tribal-state agreement with any Indian tribe outside of this State having significant numbers of member children or membership-eligible children residing in this State. 2. The purposes of a tribal-state agreement are to promote the continued existence and integrity of the Indian tribe as a political entity and to protect the vital interests of Indian children in securing and maintaining political, cultural and social relationships with their tribe. 3. A tribal-state agreement may include agreements regarding default jurisdiction over cases in which the state courts and tribal courts have concurrent jurisdiction, the transfer of cases between state courts and tribal courts, the assessment, removal, placement, custody and adoption of Indian children and any other child welfare services provided to Indian children. 4. A tribal-state agreement must: (a) Provide for the cooperative delivery of child welfare services to Indian children in this State, including, without limitation, the utilization, to the extent available, of services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population to implement the terms of the tribal-state agreement; and (b) If services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population are unavailable, provide for an agency's use of community services and resources developed specifically for Indian families that have the demonstrated experience and capacity to provide culturally relevant and effective services to Indian children. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | A. The department shall make a good faith effort to enter into a tribal-state agreement for the coordination of care and custody of Indian children with each Indian tribe within the borders of this state. B. The department may enter into a tribal-state agreement with any Indian tribe outside of this state if there are children residing in this state who are members of or are eligible to become members of that Indian tribe. C. Any state services requiring a tribal-state agreement based on a funding source shall be negotiated and entered into to meet the provisions of this section. D. A tribal-state agreement may include an agreement regarding: (1) whether a case needs to be filed, and whether the case would be filed by the department in court or by the appropriate tribal agency in tribal court; (2) exclusive jurisdiction over cases filed by the department in which the court and tribal court would otherwise have concurrent jurisdiction; (3) the process to transfer cases between a court and tribal court; and (4) procedures for the assessment, removal, placement and custody of Indian children. E. A tribal-state agreement shall: (1) provide for cooperative delivery of child welfare services to Indian children in this state, including the use, to the extent available, of services provided by the Indian tribe; and (2) if services provided by the Indian tribe are unavailable, provide for the department's use of community services and resources developed specifically for Indian families and that have demonstrated experience and capacity to provide culturally relevant and effective services to children. F. The department shall review the tribal-state agreement every five years and invite the tribe to propose updates to the tribal-state agreement. N.M. Stat. Ann. § 32A-28-8 (West) | 10 Okl. St. Ann. §40.7 The Director of the Department of Human Services and the Executive Director of the Office of Juvenile Affairs are authorized to enter into agreements with Indian tribes in Oklahoma regarding care and custody of Indian children as authorized by the Federal Indian Child Welfare Act, 25 U.S.C. Section 1919. | SECTION 10. Tribal-state agreements. (1)(a) The Department of Human Services shall make a good faith effort to enter into a tribal-state agreement with any Indian tribe within the borders of this state. (b) The department may also enter into a tribal-state agreement with any Indian tribe outside of this state having significant numbers of member children or membership-eligible children residing in this state. (2) The purposes of a tribal-state agreement are to promote the continued existence and integrity of the Indian tribe as a political entity and to protect the vital interests of Indian children in securing and maintaining political, cultural and social relationships with their tribe. (3) A tribal-state agreement may include, but is not limited to, agreements regarding default jurisdiction over cases in which the state courts and tribal courts have concurrent jurisdiction, the transfer of cases between state courts and tribal courts, the assessment, removal, place- ment and custody of Indian children and any other child. (4) A tribal-state agreement must: (a) Provide for the cooperative delivery of child welfare services to Indian children in this state, including the utilization, to the extent available, of services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population to implement the terms of the tribal-state agreement; and (b) If services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population are unavailable, provide for the department’s use of community services and resources developed specifically for Indian families and that have the demonstrated experience and capacity to provide culturally relevant and effective services to Indian children. SECTION 11. Saving clause. Section 10 of this 2020 special session Act applies to tribal-state agreements entered into or renewed on or after the effective date of this 2020 special session Act. | (a) The state, through the governor and in consultation with the department of family services, is authorized to enter into agreements with Indian tribes concerning the care and custody of Indian children and jurisdiction over child custody proceedings, including agreements that may provide for the orderly transfer of jurisdiction on a case-by-case basis and agreements that provide for concurrent jurisdiction between the state and Indian tribes. Wyo. Stat. Ann. § 14-6-710 (West) | ||||||||||||||||||||
76 | Policy on Tribal-State Relations | (a) The state of Minnesota acknowledges federally recognized Indian Tribes as sovereign political entities that predate the existence of the United States and that have retained inherent sovereign authority to pass their own laws, maintain their own systems of governance, and determine their own jurisdiction. The sovereign authority of Tribes may only be limited by the federal government and not by any action of the state, including the state legislature and state courts. (b) Inherently, as members of Indian Tribes recognized by the federal government, Indian people have rights and privileges as members of their Tribe which the state of Minnesota recognizes and protects. (c) Indian people have a right to be protected from being disfranchised or deprived of any of the rights and privileges secured to any citizen in the state and to have the recognition and protection of the rights and privileges flowing from their membership in an Indian Tribe by any state action. (d) The state of Minnesota recognizes all federally recognized Indian Tribes as having the inherent authority to determine their own jurisdiction for any and all Indian child custody or child placement proceedings regardless of whether the Tribe's members are on or off the reservation and regardless of the procedural posture of the proceeding. (e) The state of Minnesota has long recognized the importance of Indian children to their Tribes not only as members of Tribal families and communities, but also as the Tribe's greatest resource as future members and leaders of the Tribe. The vitality of Indian children in the state of Minnesota is essential to the health and welfare of both the state and the Tribes and is essential to the future welfare and continued existence of the child's Tribe. (f) The state of Minnesota recognizes that the historical deprivation of rights of Indian people and Indian Tribes has led to disparate out-of-home placement of Indian children. Minn. Stat. Ann. § 260.754 (West) | |||||||||||||||||||||||||||||||
77 | 1919(b) Right of Revocation of Agreements | §1919(b) Revocation; notice; actions or proceedings unaffected Such agreements may be revoked by either party upon one hundred and eighty days' written notice to the other party. Such revocation shall not affect any action or proceeding over which a court has already assumed jurisdiction, unless the agreement provides otherwise. | ICA 232B.11(3) An agreement entered into under this section may be revoked by either party by giving one hundred eighty days' advance written notice to the other party. The revocation shall not affect any action or proceeding over which a court has already assumed jurisdiction, unless the agreement provides otherwise. | MCLA 712B.31 (2) Unless the agreement provides otherwise, both of the following apply: (a) The agreements described in subsection (1) may be revoked by either party upon 180 days' written notice to the other party. (b) Revocation of an agreement does not affect any action or proceeding over which the court already has jurisdiction. | Neb. Rev. St. § 43-1511(2) Such agreements may be revoked by either party upon one hundred and eighty days' written notice to the other party. Such revocation shall not affect any action or proceeding over which a court has already assumed jurisdiction, unless the agreement provides otherwise. | (b) Any agreement made under this section may be revoked by either party upon notice of not less than one hundred eighty (180) days to the other party. Any revocation of an agreement under this section shall not affect any action or proceeding over which a court has already assumed jurisdiction unless the agreement provides otherwise. Wyo. Stat. Ann. § 14-6-710 (West) | |||||||||||||||||||||||||||
78 | 1920 Improper Removal | §1920 Where any petitioner in an Indian child custody proceeding before a State court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his parent or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of such danger. | 23.114 (a) If, in the course of any child-custody proceeding, any party asserts or the court has reason to believe that the Indian child may have been improperly removed from the custody of his or her parent or Indian custodian, or that the Indian child has been improperly retained (such as after a visit or other temporary relinquishment of custody), the court must expeditiously determine whether there was improper removal or retention. (b) If the court finds that the Indian child was improperly removed or retained, the court must terminate the proceeding and the child must be returned immediately to his or her parent or Indian custodian, unless returning the child to his parent or Indian custodian would subject the child to substantial and immediate danger or threat of such danger. | Where any petitioner in an Indian child custody proceeding before a state court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his parent or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of such danger. Conn. Gen. Stat. Ann. § P.A. 23-113, § 25 (West) | ICA 232B.8(3) If a petitioner in an Indian child custody proceeding before a state court has improperly removed the child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the child to the child's parent or Indian custodian unless returning the child to the parent or Indian custodian would subject the child to a substantial and immediate danger or threat of such danger. 3. If a petitioner in an Indian child custody proceeding before a state court has improperly removed the child from the custody of the child's parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the child to the child's parent or Indian custodian unless returning the child to the parent or Indian custodian would subject the child to a substantial and immediate danger or threat of such danger. Iowa Code Ann. § 232B.14 (West) | When a petitioner in an Indian child custody proceeding before a state court has improperly removed the Indian child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall forthwith return the Indian child to the child's parent or Indian custodian unless returning the Indian child to the child's parent or Indian custodian would subject the Indian child to a substantial and immediate danger or threat of such danger. Me. Rev. Stat. tit. 22, § 3951 | MCLA 712B.19 If a court determines at a hearing that a petitioner in an Indian child custody proceeding has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and immediately return the child to his or her parent or Indian custodian unless returning the child to his or her parent or Indian custodian would subject the child to a substantial and immediate danger or threat of danger. | Subdivision 1. Improper removal. In any proceeding where custody of the Indian child was improperly removed from the parent or parents or where the petitioner has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the Indian child to the Indian child's parent or parents or Indian custodian unless returning the Indian child to the Indian child's parent or parents or Indian custodian would subject the Indian child to a substantial and immediate danger or threat of such danger. Minn. Stat. Ann. § 260.774 (West) | Section 16. Improper removal of Indian child. If a petitioner in a child custody proceeding under [sections 1 through 18] has improperly removed an Indian child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the Indian child to the parent or Indian custodian unless returning the Indian child to the parent or Indian custodian would subject the Indian child to substantial and immediate danger or threat of substantial or immediate danger. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | Neb. Rev. St. § 43-1512 When any petitioner in an Indian child custody proceeding before a state court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his or her parent or Indian custodian unless returning the child to his or her parent or custodian would subject the child to a substantial and immediate danger or threat of such danger. | (1) The juvenile court, on the court's own motion or on the motion of any party, shall expeditiously determine whether an Indian child asserted to be within the jurisdiction of the juvenile court under ORS 419B.100 has been improperly removed or improperly retained following a visit or temporary relinquishment of custody. A motion under this section may be made orally on the record or in writing. (2) If the court finds that the Indian child has been improperly removed or improperly retained, the court shall order the Department of Human Services to immediately return the Indian child to the child's parent or Indian custodian and dismiss the proceeding, unless the court determines by clear and convincing evidence that doing so would subject the child to substantial and immediate danger or a threat of substantial and immediate danger. Or. Rev. Stat. Ann. § 419B.652 (West) | If a petitioner in a child custody proceeding under this chapter has improperly removed the child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the child to the child's parent or Indian custodian unless returning the child to the parent or Indian custodian would subject the child to substantial and immediate danger or threat of such danger. Wash. Rev. Code Ann. § 13.38.160 (West) | (d) Declination of jurisdiction. If the court assigned to exercise jurisdiction under this chapter determines that the petitioner in an Indian child custody proceeding has improperly removed the Indian child from the custody of his or her parent or Indian custodian or has improperly retained custody of the Indian child after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and immediately return the Indian child to the custody of the parent or Indian custodian, unless the court determines that returning the Indian child to his or her parent or Indian custodian would subject the Indian child to substantial and immediate danger or the threat of that danger. Wis. Stat. Ann. § 48.028 (West) | If any petitioner in an Indian child custody proceeding before a state court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petitioner's petition and shall forthwith return the child to his parent or Indian custodian unless the return would subject the child to a substantial and immediate danger or threat thereof. Wyo. Stat. Ann. § 14-6-711 (West) | |||||||||||||||||||
79 | 1921 Higher Protection | §1921 In any case where State or Federal law applicable to a child custody proceeding under State or Federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this subchapter, the State or Federal court shall apply the State or Federal standard. | §23.106 (a) The regulations in this subpart provide minimum Federal standards to ensure compliance with ICWA. (b) Under section 1921 of ICWA, where applicable State or other Federal law provides a higher standard of protection to the rights of the parent or Indian custodian than the protection accorded under the Act, ICWA requires the State or Federal court to apply the higher State or Federal standard. | In any case where federal law applicable to a child custody proceeding under the provisions of sections 2 to 28, inclusive, of this act provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under said sections, the state court shall apply the more protective federal standard. Conn. Gen. Stat. Ann. § P.A. 23-113, § 27 (West) | ICA 232B.8(4) If another state or federal law applicable to a child custody proceeding held under state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this chapter, the court shall apply the higher standard. | In any case in which state or federal law applicable to an Indian child custody proceeding under state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this chapter, the state or federal court shall apply the higher state or federal standard. To the extent any procedure of an Indian child custody proceeding is not addressed in this Act, 25 Code of Federal Regulations, Part 23 must inform state practice. Me. Rev. Stat. tit. 22, § 3952 | MCLA 712B.33 The department, in consultation with Indian tribes in this state, shall establish standards and procedures for the department's review of cases subject to this chapter and methods for monitoring the department's compliance with provisions of the Indian child welfare act1 and this chapter. | Neb. Rev. St. § 43-1513 In any case when federal law applicable to a child custody proceeding provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under the Nebraska Indian Child Welfare Act, the state court shall apply the federal standard. | A. To the greatest extent possible, the Indian Family Protection Act shall be read as in harmony with the federal Indian Child Welfare Act of 1978. B. The provisions of the Children's Code are supplemental to and in harmony with the Indian Family Protection Act. The provisions of the Indian Family Protection Act govern child custody proceedings involving Indian children. To the extent the provisions of those acts or any provision of New Mexico state law conflicts with the provisions of the Indian Family Protection Act, the provisions of the Indian Family Protection Act shall apply. N.M. Stat. Ann. § 32A-28-40 (West) | (1) If any provision of ORS 109.278, 109.302, 109.382, 109.383, 419B.600 to 419B.654 or 419B.656 or the amendments to statutes and session law by sections 1 to 5, 8 to 17, 20 to 30, 34 to 37, 40 to 64 and 65b to 77, chapter 398, Oregon Laws 2021, is found to provide a lower standard of protection to the rights of an Indian child or the Indian child's parent, Indian custodian or tribe than the Indian Child Welfare Act: (a) The higher standard of protection in the Indian Child Welfare Act shall control; and (b) It shall not serve to render inoperative any remaining provisions of ORS 109.278, 109.302, 109.382, 109.383, 419B.600 to 419B.654 or 419B.656 or the amendments to statutes and session law by sections 1 to 5, 8 to 17, 20 to 30, 34 to 37, 40 to 64 and 65b to 77, chapter 398, Oregon Laws 2021, that may be held to provide a higher standard of protection than the Indian Child Welfare Act. (2) As used in this section, “Indian Child Welfare Act” means the federal Indian Child Welfare Act (25 U.S.C. 1901 et seq.) and related regulations. Or. Rev. Stat. Ann. § 419B.660 (West) | (10) Higher state or federal standard applicable. The federal Indian Child Welfare Act, 25 USC 1901 to 1963, supersedes this chapter in any Indian child custody proceeding governed by that act, except that in any case in which this chapter provides a higher standard of protection for the rights of an Indian child's parent or Indian custodian than the rights provided under that act, the court shall apply the standard under this chapter. Wis. Stat. Ann. § 48.028 (West) | In any case where federal law applicable to an Indian child custody proceeding provides a higher standard of protection to the rights of the parent or Indian custodian than state law provides, the court shall apply the higher standard of protection as provided by federal law. Wyo. Stat. Ann. § 14-6-712 (West) | |||||||||||||||||||||
80 | 1922 Emergency Removal | §1922 Nothing in this subchapter shall be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from his parent or Indian custodian or the emergency placement of such child in a foster home or institution, under applicable State law, in order to prevent imminent physical damage or harm to the child. The State authority, official, or agency involved shall insure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of this subchapter, transfer the child to the jurisdiction of the appropriate Indian tribe, or restore the child to the parent or Indian custodian, as may be appropriate. | 23.113 What are the standards for emergency proceedings involving an Indian child? (a) Any emergency removal or placement of an Indian child under State law must terminate immediately when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the child. (b) The State court must: (1) Make a finding on the record that the emergency removal or placement is necessary to prevent imminent physical damage or harm to the child; (2) Promptly hold a hearing on whether the emergency removal or placement continues to be necessary whenever new information indicates that the emergency situation has ended; and (3) At any court hearing during the emergency proceeding, determine whether the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the child. (4) Immediately terminate (or ensure that the agency immediately terminates) the emergency proceeding once the court or agency possesses sufficient evidence to determine that the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the child. (c) An emergency proceeding can be terminated by one or more of the following actions: (1) Initiation of a child-custody proceeding subject to the provisions of ICWA; (2) Transfer of the child to the jurisdiction of the appropriate Indian Tribe; or (3) Restoring the child to the parent or Indian custodian. (d) A petition for a court order authorizing the emergency removal or continued emergency placement, or its accompanying documents, should contain a statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent such imminent physical damage or harm to the child. The petition or its accompanying documents should also contain the following information: (1) The name, age, and last known address of the Indian child; (2) The name and address of the child's parents and Indian custodians, if any; (3) The steps taken to provide notice to the child's parents, custodians, and Tribe about the emergency proceeding; (4) If the child's parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate BIA Regional Director (see www.bia.gov); (5) The residence and the domicile of the Indian child; (6) If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the Tribe affiliated with that reservation or village; (7) The Tribal affiliation of the child and of the parents or Indian custodians; (8) A specific and detailed account of the circumstances that led the agency responsible for the emergency removal of the child to take that action; (9) If the child is believed to reside or be domiciled on a reservation where the Tribe exercises exclusive jurisdiction over child-custody matters, a statement of efforts that have been made and are being made to contact the Tribe and transfer the child to the Tribe's jurisdiction; and (10) A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody. (e) An emergency proceeding regarding an Indian child should not be continued for more than 30 days unless the court makes the following determinations: (1) Restoring the child to the parent or Indian custodian would subject the child to imminent physical damage or harm; (2) The court has been unable to transfer the proceeding to the jurisdiction of the appropriate Indian Tribe; and (3) It has not been possible to initiate a “child-custody proceeding” as defined in § 23.2. | (g) This section shall not be construed to prevent the emergency removal of an Indian child who is a ward of a tribal court or resides or is domiciled within a reservation of an Indian tribe that has exclusive jurisdiction over child custody proceedings, but is temporarily located off the reservation, from a parent or Indian custodian or the emergency placement of the child in a foster home or institution in order to prevent imminent physical damage or harm to the child. The state or local authority shall ensure that the emergency removal or placement terminates immediately when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate an Indian child custody proceeding, transfer the child to the jurisdiction of the Indian child's tribe, or restore the child to the parent or Indian custodian, as may be appropriate. Cal. Welf. & Inst. Code § 305.5 (West) | Nothing in the provisions of sections 2 to 28, inclusive, of this act shall be construed to prevent (1) the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from such Indian child's parent or Indian custodian, or (2) the emergency placement of such child in a foster home or institution, under applicable state law, in order to prevent imminent physical damage or harm to the child. The Commissioner of Children and Families shall ensure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of sections 2 to 28, inclusive, of this act, transfer the child to the jurisdiction of the appropriate Indian tribe, or restore the child to the parent or Indian custodian, as may be appropriate. Conn. Gen. Stat. Ann. § P.A. 23-113, § 26 (West) | ICA 232B.6 1. This chapter shall not be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on an Indian reservation, but is temporarily located off the reservation, or is away from the child's parent or Indian custodian, or the emergency placement of such child in a foster home or institution, under applicable state law, in order to prevent imminent physical damage or harm to the child. In a case of emergency removal of an Indian child, regardless of residence or domicile of the child, the state shall ensure that the emergency removal or placement terminates immediately when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of this chapter, transfer the child to the jurisdiction of the appropriate Indian tribe, or restore the child to the child's parent or Indian custodian, as may be appropriate. 2. Within three business days following the issuance of an order of emergency removal or placement of an Indian child, the court issuing the order shall notify the Indian child's tribe of the emergency removal or placement by registered mail, return receipt requested. The notice shall include the court order, the petition, if applicable, any information required by this chapter, and a statement informing the child's tribe of the tribe's right to intervene in the proceeding. 3. A motion, application, or petition commencing an emergency or temporary removal under section 232.79 or 232.95 or foster care placement proceeding under chapter 232 involving an Indian child shall be accompanied by all of the following: a. An affidavit containing the names, tribal affiliations, and addresses of the Indian child, and of the child's parents and Indian custodians. b. A specific and detailed account of the circumstances supporting the removal of the child. c. All reports or other documents from each public or private agency involved with the emergency or temporary removal that are filed with the court and upon which any decision may be based. The reports shall include all of the following information, when available: (1) The name of each agency. (2) The names of agency administrators and professionals involved in the removal. (3) A description of the emergency justifying the removal of the child. (4) All observations made and actions taken by the agency. (5) The date, time, and place of each such action. (6) The signatures of all agency personnel involved. (7) A statement of the specific actions taken and to be taken by each involved agency to effectuate the safe return of the child to the custody of the child's parent or Indian custodian. 4. An emergency removal or placement of an Indian child shall immediately terminate, and any court order approving the removal or placement shall be vacated, when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the child. In no case shall an emergency removal or placement order remain in effect for more than fifteen days unless, upon a showing that continuation of the order is necessary to prevent imminent physical damage or harm to the child, the court extends the order for a period not to exceed an additional thirty days. If the Indian child's tribe has been identified, the court shall notify the tribe of the date and time of any hearing scheduled to determine whether to extend an emergency removal or placement order. 5. Upon termination of the emergency removal or placement order, the child shall immediately be returned to the custody of the child's parent or Indian custodian unless any of the following circumstances exist: a. The child is transferred to the jurisdiction of the child's tribe. b. In an involuntary foster care placement proceeding pursuant to the federal Indian Child Welfare Act,1 the court orders that the child shall be placed in foster care upon a determination, supported by clear and convincing evidence, including testimony by qualified expert witnesses, that custody of the child by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. c. The child's parent or Indian custodian voluntarily consents to the foster care placement of the child pursuant to the provisions of the federal Indian Child Welfare Act. 6. a. Termination of parental rights over an Indian child shall not be ordered in the absence of a determination, supported by evidence beyond a reasonable doubt, including the testimony of qualified expert witnesses, that the continued custody of the child by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. b. Foster care placement of an Indian child shall not be ordered in the absence of a determination, supported by clear and convincing evidence, including the testimony of qualified expert witnesses, that the continued custody of the child by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child. | This Act does not prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from their parent or Indian custodian or the emergency placement of an Indian child in a foster home or institution, under the laws of this State, in order to prevent imminent physical damage or harm to the Indian child. 1. Termination. An emergency removal or placement of an Indian child in an emergency proceeding must terminate immediately when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child. An emergency removal or placement of an Indian child may be terminated by, but is not necessarily terminated by, one of the following actions: A. Initiation of an Indian child custody proceeding subject to the provisions this Act; B. Transfer of the Indian child to the jurisdiction of the appropriate Indian tribe; or C. Restoration of the Indian child to the parent or Indian custodian. 2. Procedure applicable to emergency proceedings. In any emergency proceeding in District Court or Probate Court, the court shall: A. Make a finding on the record, supported by clear and convincing evidence, that the emergency removal or placement is necessary to prevent imminent physical damage or harm to the Indian child; B. Promptly hold a hearing on whether the emergency removal or placement continues to be necessary whenever new information indicates that the emergency situation has ended; and C. At any court hearing during the emergency proceeding, determine whether there is clear and convincing evidence demonstrating that the emergency removal or placement remains necessary to prevent imminent physical damage or harm to the Indian child and, if not, immediately terminate or ensure that the petitioning party immediately terminates the emergency proceeding. Me. Rev. Stat. tit. 22, § 3953 | MCLA 712B.7(2) The state court may exercise limited emergency jurisdiction if an Indian child who resides or is domiciled within the reservation is temporarily off the reservation and the state has removed the Indian child in an emergency situation to prevent imminent physical damage or harm to the Indian child. The court must comply with the emergency removal hearing requirements outlined in Michigan court rules and sections 13a, 14, and 14a of chapter XIIA.1 The emergency jurisdiction terminates when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child. 712B.29 Child taken into custody under section 14 of chapter XIIA; termination of subsequent placement; condition; initiation of child custody proceeding; duties of court. Sec. 29. (1) If an Indian child is taken into custody under section 14 of chapter XIIA, the subsequent placement shall terminate immediately when the removal and placement are no longer necessary to prevent imminent physical damage or harm to the child. (2) If a child is taken into custody under section 14 of chapter XIIA and the child is under the exclusive jurisdiction of an Indian tribe or is domiciled on a reservation but temporarily located off the reservation, the court shall immediately initiate a child custody proceeding and do either of the following: (a) Transfer the child to the jurisdiction of the appropriate Indian tribe. (b) Return the child to the parent or Indian custodian. | Subdivision 1. Emergency removal or placement permitted. Nothing in sections 260.751 to 260.835 shall be construed to prevent the emergency removal of an Indian child from the Indian child's parent or Indian custodian, including an Indian child who is a resident of or is domiciled on a reservation but temporarily located off the reservation, or the emergency placement of the Indian child in a foster home or institution under sections 260.751 to 260.835, in order to prevent imminent physical damage or harm to the Indian child. Subd. 2. Temporary emergency jurisdiction of state courts. (a) The child-placing agency or court shall ensure that the emergency removal or placement terminates immediately when removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child. The child-placing agency or court shall expeditiously initiate a child placement proceeding subject to the provisions of sections 260. 751 to 260.835, transfer the child to the jurisdiction of the appropriate Indian Tribe, or return the Indian child to the Indian child's parent or Indian custodian as may be appropriate. (b) If the Indian child is a resident of or is domiciled on a reservation but temporarily located off the reservation, a court of this state has only temporary emergency jurisdiction until the Indian child is transferred to the jurisdiction of the appropriate Indian Tribe unless the Indian child's Tribe has expressly declined to exercise its jurisdiction, or the Indian child is returned to the Indian child's parent or Indian custodian. Subd. 3. Petition for emergency removal; placement requirements. A petition for a court order authorizing the emergency removal or continued emergency placement of an Indian child, or the petition's accompanying documents, must contain a statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent imminent physical damage or harm to the Indian child. The petition or its accompanying documents must also contain the following information: (1) the name, age, and last known address of the Indian child; (2) the name and address of the Indian child's parents and Indian custodians, if any; (3) the steps taken to provide notice to the Indian child's parents, Indian custodians, and Tribe about the emergency proceeding; (4) if the Indian child's parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them; (5) the residence and domicile of the Indian child; (6) if either the residence or domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the Tribe affiliated with that reservation or village; (7) the Tribal affiliation of the Indian child and of the Indian child's parents or Indian custodians; (8) a specific and detailed account of the circumstances that led the agency responsible for the emergency removal of the Indian child to take that action; (9) if the child is believed to reside or be domiciled on a reservation where the Tribe exercises exclusive jurisdiction over Indian child custody matters, a statement of the efforts that have been made and are being made to contact the Tribe and transfer the Indian child to the Tribe's jurisdiction; and (10) a statement of the efforts that have been taken to assist the Indian child's parents or Indian custodians so that the Indian child may safely be returned to their custody. Subd. 4. Emergency proceeding requirements. (a) The court shall hold a hearing no later than 72 hours, excluding weekends and holidays, after the emergency removal of the Indian child. The court shall determine whether the emergency removal continues to be necessary to prevent imminent physical damage or harm to the Indian child. (b) The court shall hold additional hearings whenever new information indicates that the emergency situation has ended and at any court hearing during the emergency proceeding to determine whether the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child. Subd. 5. Termination of emergency removal or placement. (a) An emergency removal or placement of an Indian child must immediately terminate once the child-placing agency or court possesses sufficient evidence to determine that the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child and the Indian child shall be immediately returned to the custody of the Indian child's parent or Indian custodian. (b) An emergency removal or placement ends when the Indian child is transferred to the jurisdiction of the Indian child's Tribe, or when the court orders, after service upon the Indian child's parents, Indian custodian, and Indian child's Tribe, that the Indian child shall be placed in foster care upon a determination supported by clear and convincing evidence, including testimony by a qualified expert witness, that custody of the Indian child by the Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. (c) In no instance shall emergency removal or emergency placement of an Indian child extend beyond 30 days unless the court finds by a showing of clear and convincing evidence that: (1) continued emergency removal or placement is necessary to prevent imminent physical damage or harm to the Indian child; (2) the court has been unable to transfer the proceeding to the jurisdiction of the Indian child's Tribal court; and (3) it has not been possible to initiate a child placement proceeding with all of the protections under sections 260.751 to 260.835, including obtaining the testimony of a qualified expert witness. Minn. Stat. Ann. § 260.758 (West) | Section 14. Emergency removal of Indian child. (1) Nothing in [sections 1 through 18] may be construed to prevent the department from removing an Indian child from the Indian child's parent or Indian custodian or prevent the emergency placement of the Indian child in a foster home, under applicable state law, to prevent imminent physical damage or harm to the Indian child. (2) An emergency removal or placement of an Indian child under state law must terminate immediately when the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the child. (3) A state court shall: (a) make a finding on the record that the emergency removal or placement is necessary to prevent imminent physical damage or harm to the child; (b) promptly hold a hearing on whether the emergency removal or placement continues to be necessary whenever new information indicates that the emergency situation has ended; (c) at any court hearing during the emergency proceeding, determine whether the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the child; and (d) immediately terminate or direct the department to terminate the emergency removal if the court or department possesses sufficient evidence to determine that the emergency removal or placement is no longer necessary to prevent imminent physical damage or harm to the child. (4) An emergency proceeding may be terminated by any of the following actions: (a) initiation of a child custody proceeding subject to the provisions of the federal Indian Child Welfare Act and [sections 1 through 18]; (b) transfer of the child to the jurisdiction of the appropriate Indian tribe; or (c) restoring the child to the parent or Indian custodian. (5) A petition for a court order authorizing the emergency removal or placement, or its accompanying documents, must contain a statement of the risk of imminent physical damage or harm to the Indian child, any evidence that the emergency removal or placement continues to be necessary to prevent the damage or harm, and if available: (a) the full name, age, and last known address of the Indian child; (b) the name and address of the child's parents and Indian custodians, if any; (c) the steps taken to provide notice to the child's parents, Indian custodians, and tribe about the emergency proceeding; (d) if the child's and Indian custodians are unknown, a detailed explanation of the efforts made to locate and contact the individuals, including contact with the appropriate bureau of Indian affairs regional director; (e) the residence or the domicile of the Indian child; (f) if either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village; (g) the tribal affiliation of the child and of the parents or Indian custodians; (h) a specific and detailed account of the circumstances that led the agency responsible for the emergency removal of the child to remove the child; (i) if the child is believed to reside or be domiciled on a reservation where the tribe exercises exclusive jurisdiction over child custody matters, a statement of the efforts made and being made to contact the tribe and transfer the child to the tribe's jurisdiction; and (j) a statement of the efforts made to assist the parents or Indian custodians so the Indian child may be safely returned to the parents or Indian custodians. (6) Contact made to provide notice of an emergency removal and reported pursuant to subsection (5)(c) does not constitute the notice required under [section 7] for the purposes of subsequent dependency, termination of parental rights, or adoption proceedings. (7) An emergency proceeding regarding an Indian child may not be continued for more than 30 days unless the court determines that: (a) restoring the child to the parent or Indian custodian would subject the child to imminent physical damage or harm; (b) the court has been unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe; and (c) it has not been possible to initiate a child custody proceeding. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) (8) The emergency protective services hearing is an emergency proceeding for the purposes of [sections 1 through 18] and is not subject to the notice requirements of [sections 1 through 18]. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317)(41-3-306) | Neb. Rev. St. § 43-1514 (1) Nothing in the Nebraska Indian Child Welfare Act shall be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from his or her parent or Indian custodian or the emergency placement of such child in a foster home or institution, under applicable state law, in order to prevent imminent physical damage or harm to the child. The state authority, official, or agency involved shall insure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of the Nebraska Indian Child Welfare Act, transfer the child to the jurisdiction of the appropriate Indian tribe or tribes, or restore the child to the parent or Indian custodian, as may be appropriate. (2) During the course of each intake received by the statewide child abuse and neglect hotline provided by the Department of Health and Human Services, the hotline representative shall inquire as to whether the person calling the hotline believes one of the parties involved may be an Indian child or Indian person. If the hotline representative has any reason to believe that an Indian child or Indian person is involved in the intake, the representative shall immediately document the information and inform his or her supervisor. | Sec. 31. 1. In an emergency proceeding, the person taking a child into protective custody must make a good faith effort to determine whether there is reason to know that the child is an Indian child and, if there is reason to know that the child is an Indian child and the nature of the emergency allows, the appropriate agency shall notify by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the child is or may be a member. Notification under this subsection must include the basis for the child's removal, the time, date and place of the initial hearing and a statement that the tribe has the right to participate in the proceeding as a party or in an advisory capacity. 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session, 2023 Nevada Assembly Bill No. 444, Nevada Eighty-Second Regular Session | A. The department shall file a petition for temporary emergency removal where the department demonstrates that an Indian child is a resident of or domiciled on a reservation but temporarily located off a reservation. The department shall provide notice and request receipt of notice to the Indian child's tribe, parents, guardian and Indian custodian within twenty-four hours of the filing of the petition. B. A court of this state has temporary emergency jurisdiction if the Indian child is present in this state but is domiciled on a reservation and the Indian child has been abandoned or it is necessary in an emergency to protect the Indian child because the Indian child, or a sibling or parent of the Indian child, is subjected to or threatened with abuse or neglect. C. A child custody determination made under this section remains in effect until an order is obtained from a tribal court. If a child custody proceeding has not been or is not commenced in tribal court, the department may file a petition alleging abuse and neglect. D. A court of this state that has been asked to make a temporary emergency order for temporary jurisdiction, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a tribal court having jurisdiction shall immediately communicate with that tribal court to resolve the emergency, protect the safety of the parties and the Indian child and determine a period for the duration of the temporary order. N.M. Stat. Ann. § 32A-28-11 (West) | 6. An emergency removal or placement of an Indian child under state law must terminate immediately when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child. N.D. Cent. Code Ann. § 27-19.1-01 (West) 3. An Indian child who is the subject of an emergency removal or placement under a child custody determination under section 27-20.3-06 must be placed in compliance with foster care or nonfoster care placement or preadoptive placement preferences, unless the person responsible for determining the placement finds good cause, as described in subsection 6, for departing from the order of placement preference under subsection 2 or finds that emergency conditions necessitate departing from that order. When the reason for departing from that order is resolved, the Indian child must be placed in compliance with the order of placement preference under subsection 2. N.D. Cent. Code Ann. § 27-19.1-05 (West) | 10 Okl. St. Ann. §40.5 A. When a court order authorizes the emergency removal of an Indian child from the parent or Indian custodian of such child in accordance with 25 U.S.C. Section 1922, the order shall be accompanied by an affidavit containing the following information: 1. The names, tribal affiliations, and addresses of the Indian child, the parents of the Indian child and Indian custodians, if any; 2. A specific and detailed account of the circumstances that lead the agency responsible for the removal of the child to take that action; and 3. A statement of the specific actions that have been taken to assist the parents or Indian custodians so that the child may safely be returned to their custody. B. No pre-adjudicatory custody order shall remain in force or in effect for more than thirty (30) days without a determination by the court, supported by clear and convincing evidence and the testimony of at least one qualified expert witness, that custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. However, the court may, for good and sufficient cause shown, extend the effective period of such order for an additional period of sixty (60) days. | (1) In an emergency proceeding, the person taking the child into protective custody shall make a good faith effort to: (a) Determine whether the person has reason to know that the child is an Indian child; and (b) Contact by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the child is or may be a member to determine the child's affiliation. Or. Rev. Stat. Ann. § 419B.636 (West) (1)(a) In an emergency proceeding, if there is reason to know that a child is an Indian child and the nature of the emergency allows, the Department of Human Services must notify by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the child is or may be a member. (b) Notification under this subsection must include the basis for the child's removal, the time, date and place of the initial hearing and a statement that the tribe has the right to participate in the proceeding as a party or in an advisory capacity under ORS 419B.875. Or. Rev. Stat. Ann. § 419B.639 (West) (3)(a) If the child is an Indian child and if the court found under ORS 419B.185 (5)(b)(B) that protective custody is necessary to prevent imminent physical damage or harm to the child, no later than 30 days after the petition is filed, the court shall hold the hearing and enter the order described in subsection (1) of this section, unless: (A) The child has been returned to the child's parent or Indian custodian; (B) The court orders the child to be returned to the child's parent or Indian custodian; (C) The court continues the protective order regarding the child for more than 30 days as provided in ORS 419B.185 (5)(d); or (D) The court grants the child's parent, Indian custodian or tribe an extension of time to prepare for participation in the hearing as provided in ORS 419B.639 (5). (b) The court may not schedule a hearing on the petition, or enter an order on the petition, unless the inquiry and notice requirements under ORS 419B.636 (2) and 419B.639 (2) and all relevant timelines have been followed. Or. Rev. Stat. Ann. § 419B.305 (West) | RCWA 13.38.40 (1) Notwithstanding any other provision of federal or state law, nothing shall be construed to prevent the department or law enforcement from the emergency removal of an Indian child who is a resident of or is domiciled on an Indian reservation, but is temporarily located off the reservation, from his or her parent or Indian custodian or the emergency placement of such child in a foster home, under applicable state law, to prevent imminent physical damage or harm to the child. (2) The department or law enforcement agency shall ensure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of the federal Indian child welfare act and this chapter to transfer the child to the jurisdiction of the appropriate Indian tribe or restore the child to the child's parent or Indian custodian, if appropriate. (3) When the nature of the emergency allows, the department must notify the child's tribe before the removal has occurred. If prior notification is not possible, the department shall notify the child's tribe by the quickest means possible. The notice must contain the basis for the Indian child's removal, the time, date, and place of the initial hearing, and the tribe's right to intervene and participate in the proceeding. This notice shall not constitute the notice required under RCW 13.38.070 for purposes of subsequent dependency, termination of parental rights, or adoption proceedings. | 2. Subdivision 1. does not prevent an Indian child who resides or is domiciled within a reservation, but who is temporarily located off the reservation, from being taken into and held in custody under ss. 48.19 to 48.21 in order to prevent imminent physical harm or damage to the Indian child. The person taking the Indian child into custody or the intake worker shall immediately release the Indian child from custody upon determining that holding the Indian child in custody is no longer necessary to prevent imminent physical damage or harm to the Indian child and shall expeditiously restore the Indian child to his or her parent or Indian custodian, release the Indian child to an appropriate official of the Indian child's tribe, or initiate an Indian child custody proceeding, as may be appropriate. Wis. Stat. Ann. § 48.028 (West) | Nothing in this act shall be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from his parent or Indian custodian or the emergency placement of the child in temporary protective custody or shelter care under state law in order to prevent imminent physical damage or harm to the child. The applicable state agency involved shall ensure that the emergency removal or placement terminates immediately when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to this act, transfer the child to the jurisdiction of the appropriate Indian tribe or restore the child to the parent or Indian custodian, as may be appropriate. Wyo. Stat. Ann. § 14-6-713 (West) | ||||||||||||||
81 | Departmental Review | 1. The department, in consultation with Indian tribes, shall establish standards and procedures for the department's review of cases subject to this chapter and methods for monitoring the department's compliance with provisions of the federal Indian Child Welfare Act1 and this chapter. These standards and procedures and the monitoring methods shall be integrated into the department's structure and plan for the federal government's child and family service review process and any program improvement plan resulting from that process. Iowa Code Ann. § 232B.14 (West) | 712B.33 Department review of cases; monitoring; standards and procedures. Sec. 33. The department, in consultation with Indian tribes in this state, shall establish standards and procedures for the department's review of cases subject to this chapter and methods for monitoring the department's compliance with provisions of the Indian child welfare act and this chapter. | The department or the state, in consultation with Indian tribes, shall adopt and promulgate rules and regulations to establish standards and procedures for the department's or the state's review of cases subject to the Nebraska Indian Child Welfare Act and methods for monitoring the department's or the state's compliance with the federal Indian Child Welfare Act and the Nebraska Indian Child Welfare Act. The standards and procedures and the monitoring methods shall be integrated into the department's or the state's structure and plan for the federal government's child and family service review process and any program improvement plan resulting from that process. Neb. Rev. Stat. Ann. § 43-1517 (West) | A. The administrative office of the courts in collaboration with the department shall develop and deliver annual mandatory training to all children's court judges, district court judges, attorneys, guardians ad litem and youth attorneys who are court appointed. The training shall include information on: (1) the Indian Family Protection Act, including cultural compacts; and (2) the Indian tribes geographically located within the state. B. The training required in this section shall be required at least annually or no less than every fifteen months. The training shall be open for attorneys or other professionals to attend. C. If an Indian child is placed in a household that does not include a foster parent or guardian who is a member of the Indian child's tribe, upon placement and at least annually thereafter, the department shall provide mandatory training to the foster parent. Training shall address conditions on foster care placements under federal, state and tribal law. The department shall work with each Indian tribe in New Mexico to develop the training required in this section. N.M. Stat. Ann. § 32A-28-22 (West) | (1) The department, in consultation with Indian tribes, shall establish standards and procedures for the department's review of cases subject to this chapter and methods for monitoring the department's compliance with provisions of the federal Indian child welfare act and this chapter. These standards and procedures and the monitoring methods shall also be integrated into the department's child welfare contracting and contract monitoring process. Wash. Rev. Code Ann. § 13.38.190 (West) | |||||||||||||||||||||||||||
82 | Census | 712B.37 Census. Sec. 37. The department shall publish annually a census with no individually identifiable information of all Indian children in the department's care and custody. The census shall include, by county and statewide, information regarding the Indian children on all of the following: (a) Legal status. (b) Placement information and whether it complies with this chapter. (c) Age. (d) Sex. (e) Tribe in which the child is a member or eligible for membership. (f) Accumulated length of time in foster care. (g) Other demographic information considered appropriate concerning all Indian children who are the subject of child custody proceedings. | (a) The commissioner of human services shall publish annually an inventory of all Indian children in residential facilities. The inventory shall include, by county and statewide, information on legal status, living arrangement, age, sex, tribe in which the child is a member or eligible for membership, accumulated length of time in foster care, and other demographic information deemed appropriate concerning all Indian children in residential facilities. The report must also state the extent to which authorized child-placing agencies comply with the order of preference described in United States Code, title 25, section 1901, et seq. The commissioner shall include the information required under this paragraph in the annual report on child maltreatment and on children in out-of-home placement under section 257.0725. Minn. Stat. Ann. § 260.775 (West) | No later than September 15 of every even-numbered year, the Department of Human Services and the Judicial Department shall report to the interim committees of the Legislative Assembly relating to children regarding: (1) The number of Indian children involved in dependency proceedings during the prior two-year period. (2) The average duration Indian children were in protective custody. (3) The ratio of Indian children to non-Indian children in protective custody. (4) Which tribes the Indian children in protective custody were members of or of which they were eligible for membership. (5) The number of Indian children in foster care who are in each of the placement preference categories described in ORS 419B.654 and the number of those placements that have Indian parents in the home. (6) The number of Indian children placed in adoptive homes in each of the placement preference categories described in ORS 419B.654 and the number of those placements that have Indian parents in the home. (7) The number of available placements and common barriers to recruitment and retention of appropriate placements. (8) The number of times the court found that good cause existed to deviate from the statutory placement preferences under ORS 419B.654 when making a finding regarding the placement of a child in a dependency proceeding. (9) The number of cases that were transferred to tribal court under ORS 419B.633. (10) The number of times the court found good cause to decline to transfer jurisdiction of a dependency proceeding to tribal court upon request and the most common reasons the court found good cause to decline a transfer petition. (11) The efforts the Department of Human Services and the Judicial Department have taken to ensure compliance with the provisions of ORS 419B.600 to 419B.654, and the amendments to statutes by sections 24 to 60, chapter 14, Oregon Laws 2020 (first special session), in dependency proceedings. (12) The number of ICWA compliance reports, as defined in ORS 109.266, in which the department reported the petitioner's documentation was insufficient for the court to make a finding regarding whether the petitioner complied with the inquiry or notice requirements under ORS 419B.636 (2) or 419B.639 (2). (13) The total number and the ratio of all ICWA compliance reports that indicated there was a reason to know that the child was an Indian child. Or. Rev. Stat. Ann. § 419B.657 (West) | |||||||||||||||||||||||||||||
83 | 1951(a) Records of Adoption | (a) Copy of final decree or order; other information; anonymity affidavit; exemption from Freedom of Information ActAny State court entering a final decree or order in any Indian child adoptive placement after November 8, 1978, shall provide the Secretary with a copy of such decree or order together with such other information as may be necessary to show— (1) the name and tribal affiliation of the child; (2) the names and addresses of the biological parents; (3) the names and addresses of the adoptive parents; and (4) the identity of any agency having files or information relating to such adoptive placement. Where the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include such affidavit with the other information. The Secretary shall insure that the confidentiality of such information is maintained and such information shall not be subject to the Freedom of Information Act (5 U.S.C. 552), as amended. | 23.140 What information must States furnish to the Bureau of Indian Affairs? (a) Any State court entering a final adoption decree or order in any voluntary or involuntary Indian-child adoptive placement must furnish a copy of the decree or order within 30 days to the Bureau of Indian Affairs, Chief, Division of Human Services, 1849 C Street NW, Mail Stop 3645 MIB, Washington, DC 20240, along with the following information, in an envelope marked “Confidential”: (1) Birth name and birthdate of the Indian child, and Tribal affiliation and name of the Indian child after adoption; (2) Names and addresses of the biological parents; (3) Names and addresses of the adoptive parents; (4) Name and contact information for any agency having files or information relating to the adoption; (5) Any affidavit signed by the biological parent or parents asking that their identity remain confidential; and (6) Any information relating to Tribal membership or eligibility for Tribal membership of the adopted child. (b) If a State agency has been designated as the repository for all State-court adoption information and is fulfilling the duties described in paragraph (a) of this section, the State courts in that State need not fulfill those same duties. | Any state court entering a final decree or order in any Indian child adoptive placement after the effective date of this section shall provide the Secretary with a copy of such decree or order together with such other information as may be necessary to show (1) the name and tribal affiliation of the child, (2) the names and addresses of the biological parents, (3) the names and addresses of the adoptive parents, and (4) the identity of any agency having files or information relating to such adoptive placement. Where the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include such affidavit with the other information, and shall request that the Secretary maintain the confidentiality of such information and that such information not be subject to the Freedom of Information Act, 5 USC 552, as amended from time to time, in accordance with 25 USC 1951(a). Such information concerning identity of a parent requesting confidentiality shall also be exempt from disclosure under sections 1-200 to 1-242, inclusive, of the general statutes except as otherwise provided by law. Conn. Gen. Stat. Ann. § P.A. 23-113, § 28 (West) | 712B.35 Providing secretary and tribal enrollment officer with copy of court decree or order; other information. Sec. 35. (1) A Michigan court entering a final decree or order in any Indian child adoptive placement shall provide the secretary and the tribal enrollment officer of the appropriate tribe with a copy of the decree or order together with other information as may be necessary to show the following: (a) The name, date of birth, and tribal affiliation of the child. (b) The names and addresses of the biological parents, if known. (c) The names and addresses of the adoptive parents. (d) The identity of any agency having files or information relating to the adoptive placement. (2) If court records contain a statement of identifying information of the biological parent or parents that their identity remains confidential, the court shall include the statement of identifying information with the other information sent to the secretary and the tribal enrollment officer of the appropriate Indian tribe described in subsection (1). | Subdivision 1. Court decree information. (a) A state court entering a final decree or order in an Indian child adoptive placement shall provide the Department of Human Services and the child's Tribal social services agency with a copy of the decree or order together with such other information to show: (1) the name and Tribal affiliation of the child; (2) the names and addresses of the biological parents; (3) the names and addresses of the adoptive parents; and (4) the identity of any agency having files or information relating to the adoptive placement. If the court records contain an affidavit of the biological or adoptive parent or parents requesting anonymity, the court shall delete the name and address of the biological or adoptive parents from the information sent to the child's Tribal social services agency. The court shall include the affidavit with the other information provided to the Minnesota Department of Human Services and the Secretary of the Interior. The Minnesota Department of Human Services shall and the Secretary of the Interior is requested to ensure that the confidentiality of the information is maintained and the information shall not be subject to the Freedom of Information Act, United States Code, title 5, section 552, as amended. (b) For: (1) disclosure of information for enrollment of an Indian child in the Tribe; (2) determination of member rights or benefits; or (3) certification of entitlement to membership upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian Tribe, the Secretary of the Interior is requested to disclose any other necessary information for the membership of an Indian child in the Tribe in which the Indian child may be eligible for membership or for determining any rights or benefits associated with that membership. Where the documents relating to the Indian child contain an affidavit from the biological parent or parents requesting anonymity, the Secretary of the Interior is requested to certify to the Indian child's Tribe, where the information warrants, that the Indian child's parentage and other circumstances of birth entitle the Indian child to membership under the criteria established by the Tribe. Minn. Stat. Ann. § 260.781 (West) | Any state court entering a final decree or order in any Indian child adoptive placement after September 6, 1985, shall provide the secretary with a copy of such decree or order together with such other information as may be necessary to show: (1) The name and tribal affiliation of the child; (2) The names and addresses of the biological parents; (3) The names and addresses of the adoptive parents; and (4) The identity of any agency having files or information relating to such adoptive placement. When the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include such affidavit with the other information. Neb. Rev. Stat. Ann. § 43-1516 (West) | 1. The state court entering a final adoption decree or order in any voluntary or involuntary Indian child adoptive placement must furnish a copy of the decree or order within thirty days to the Bureau of Indian Affairs, Chief, Division of Human Services, 1849 C Street NW, Mail Stop 3645 MIB, Washington, DC 20240, along with the following information, in an envelope marked “Confidential”: a. The birth name and birth date of the Indian child, and tribal affiliation and name of the Indian child after adoption; b. The names and addresses of the biological parents; c. The names and addresses of the adoptive parents; d. The name and contact information for any agency having files or information relating to the adoption; e. Any affidavit signed by the biological parent or parents requesting the parent's identity remain confidential; and f. Any information relating to tribal membership or eligibility for tribal membership of the adopted Indian child. N.D. Cent. Code Ann. § 27-19.1-06 (West) | (a) Any state court entering a final decree or order in any adoption proceeding concerning an Indian child shall provide the department of family services and the United States secretary of the interior a copy of the decree or order and all other information necessary to show: (i) The name and tribal affiliation of the child; (ii) The names and addresses of the child's biological parents; (iii) The names and addresses of the adoptive parents; (iv) The identity of any agency having files or information relating to the adoptive placement. (b) If the court's records contain an affidavit of the biological parent stating or requesting that the parent's identity remain confidential, the court shall include the affidavit with the information required under subsection (a) of this section. The court and the department of family services shall ensure that the confidentiality of information is maintained. Records submitted under this section shall remain confidential and shall not be subject to disclosure or inspection under the Public Records Act, except as provided under subsection (c) of this section. Wyo. Stat. Ann. § 14-6-714 (West) | ||||||||||||||||||||||||
84 | 1951(b) Disclosure of Information | (b) Disclosure of information for enrollment of Indian child in tribe or for determination of member rights or benefits; certification of entitlement to enrollment Upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe, the Secretary shall disclose such information as may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. Where the documents relating to such child contain an affidavit from the biological parent or parents requesting anonymity, the Secretary shall certify to the Indian child’s tribe, where the information warrants, that the child’s parentage and other circumstances of birth entitle the child to enrollment under the criteria established by such tribe. | Subd. 2. Disclosure of records. Upon the request of an adopted Indian person over the age of 18, the adoptive or foster parents of an Indian person, or an Indian Tribal social services agency, the Department of Human Services shall disclose to the Indian person's Tribe information necessary for membership of an Indian person in the Tribe in which the person may be eligible for membership or for determining any rights or benefits associated with that membership. When the documents relating to the person contain an affidavit from the biological or adoptive parent or parents requesting anonymity, the department must use the procedures described in subdivision 1. Subd. 3. Tribal affiliation information. Upon application by an Indian individual who has reached the age of 18 and who was the subject of an adoptive placement, the court that entered the final decree shall inform the individual of the Tribal affiliation, if any, of the individual's biological parents and provide any other necessary information to protect any rights flowing from the individual's Tribal relationship. Minn. Stat. Ann. § 260.781 (West) | A. At the last review or permanency hearing held prior to the Indian child's eighteenth birthday, the court shall determine whether documentation of the Indian child's tribal membership and any information regarding the Indian child's tribal affiliation have been provided to the Indian child. N.M. Stat. Ann. § 32A-28-25 (West) A. Pursuant to the Indian Family Protection Act, an Indian tribe shall have access to the post-decree adoption records that involve an Indian child who is a member or eligible for membership in the Indian tribe. B. Upon application by an Indian person who has reached the age of eighteen and who was the subject of an adoptive placement in this state prior to the enactment of the Indian Family Protection Act, the court that entered the final decree shall inform that Indian person of the tribal affiliation, if any, of the Indian person's biological parents and provide any other information necessary to protect any rights flowing from the Indian person's tribal relationship. C. If the adoption predated enactment of the federal Indian Child Welfare Act of 1978, the court shall attempt to find information related to the adoption and may order the department to assist. If the adoption of an Indian person was completed after enactment of the federal Indian Child Welfare Act of 1978, the Indian person may contact the secretary for necessary information regarding the Indian person's adoption. If the secretary certifies that the secretary does not have that information, the state court shall attempt to find the information and may order the department to assist. D. If an Indian person does not know the court that issued the adoption decree, the Indian person may request that information from the department. The department shall provide to the Indian person the name and location of the court that entered the final decree, if known. N.M. Stat. Ann. § 32A-28-37 (West) | 2. The court shall give the birth parent of an Indian child the opportunity to file an affidavit indicating that the birth parent wishes the United States secretary of the interior to maintain the confidentiality of the birth parent's identity. If the birth parent files that affidavit, the court shall include the affidavit with the information provided to the United States secretary of the interior under subsection 1, and that secretary shall maintain the confidentiality of the birth parent's identity. N.D. Cent. Code Ann. § 27-19.1-06 (West) | (c) Upon the request of the adopted Indian child who is age eighteen (18) or older, the adoptive or foster parents of an Indian child or an Indian tribe, the department of family services shall disclose any information that may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. If the documents requested include an affidavit from a parent requesting anonymity, the department shall certify to the Indian child's tribe, if the information warrants, that the child's parentage and other circumstances of birth entitle the child to enrollment under criteria established by the tribe. Wyo. Stat. Ann. § 14-6-714 (West) | |||||||||||||||||||||||||||
85 | Sunset Provision | Section 55. Termination. [This act] terminates June 30, 2025. MT LEGIS 716 (2023), 2023 Montana Laws Ch. 716 (H.B. 317) | (a) The department of family services shall promulgate all rules necessary to implement this act. (b) This act is repealed July 1, 2027. Wyo. Stat. Ann. § 14-6-715 (West) | ||||||||||||||||||||||||||||||
86 | Date of Passage or Last Amendment | 1978 (passed) | 2016 (promulgated) | 2019 (amended) | 2023 (passed) | 2003 (passed) | 2018 (passed) | 2023 (passed) | 2013 (passed) | 2023 (amended) | 2023 (passed) | 2015 (passed) | 2023 (passed) | 2022 (passed) | 2023 (passed) | 1982 (passed); 1994 (amended) | 2019 (passed) | 2011 (passed) | 2016 (passed) | 2023 (passed) | |||||||||||||
87 | Notes | Not yet incorporated into public code website | Citations to bill language because not yet incorporated in state code citations | Citations to bill language because not yet incorporated in state code citations | New Mexico has numerous other provisions that provide direction and requirements on individual New Mexico hearings that don't fit into any row. These include: Petition Requirements, § 32a–28–15. Transition Services, 32a-28-24 Discharge Hearing, 32a-28-25 Studies and Reports, 32a-28-26 Permanency Hearins, 32a-28-27 Dispositional Judgments, 32a-28-29 Periodic Review of Dispositional Judgments, 32a-28-29 Permanent Guardianship, 32a-28-30 Adudication, 32a-28-34 | ||||||||||||||||||||||||||||
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