25 U.S.C. § 1911 : US Code - Section 1911: Indian tribe jurisdiction over Indian child custody proceedings
Search 25 U.S.C. § 1911 : US Code - Section 1911: Indian tribe jurisdiction over Indian child custody proceedings
(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.
(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.
(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.
(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.
Up
Child custody proceedings
Next »
Pending court proceedings