e-CFR data is current as of February 26, 2021
TITLE 25—Indians
CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR SUBCHAPTER D—HUMAN SERVICES PART 23—INDIAN CHILD WELFARE ACT
Subpart A—PURPOSE, DEFINITIONS, AND POLICY
Subpart B—NOTICE OF INVOLUNTARY CHILD CUSTODY PROCEEDINGS AND PAYMENT FOR APPOINTED COUNSEL IN STATE COURTS
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| Designated tribal agent for service of notice. |
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| Payment for appointed counsel in involuntary Indian child custody proceedings in state courts. |
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Subpart C—GRANTS TO INDIAN TRIBES FOR TITLE II INDIAN CHILD AND FAMILY SERVICE PROGRAMS
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| Noncompetitive tribal government grants. |
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| Purpose of tribal government grants. |
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| Tribal government application contents. |
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Subpart D—GRANTS TO OFF-RESERVATION INDIAN ORGANIZATIONS FOR TITLE II INDIAN CHILD AND FAMILY SERVICE PROGRAMS
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| Competitive off-reservation grant process. |
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| Purpose of off-reservation grants. |
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| Competitive off-reservation application contents and application selection criteria. |
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| Review and decision on off-reservation applications by Regional Director. |
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| Deadline for Central Office action. |
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Subpart E—GENERAL AND UNIFORM GRANT ADMINISTRATION PROVISIONS AND REQUIREMENTS
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| Uniform grant administration provisions, requirements and applicability. |
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| Authority for grant approval and execution. |
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| Grant administration and monitoring. |
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| Financial management, internal and external controls and other assurances. |
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| Reports and availability of information to Indians. |
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| Matching shares and agreements. |
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| Fair and uniform provision of services. |
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| Grant carry-over authority. |
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Subpart F—APPEALS
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| Appeals from decision or action by Agency Superintendent, Regional Director or Grants Officer. |
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| Appeals from decision or action by Regional Director under subpart D. |
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| Appeals from inaction of official. |
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Subpart G—ADMINISTRATIVE PROVISIONS
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| Recordkeeping and information availability. |
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Subpart H—ASSISTANCE TO STATE COURTS
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| Assistance in identifying witnesses. |
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| Assistance in identifying language interpreters. |
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| Assistance in locating biological parents of Indian child after termination of adoption. |
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Subpart I—INDIAN CHILD WELFARE ACT PROCEEDINGS
General Provisions
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| What is the purpose of this subpart? |
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| What terms do I need to know? |
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| What provisions of this subpart apply to each type of child-custody proceeding? |
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| How do I contact a Tribe under the regulations in this subpart? |
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| How does this subpart interact with State and Federal laws? |
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Pretrial Requirements
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| How should a State court determine if there is reason to know the child is an Indian child? |
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| Who makes the determination as to whether a child is a member, whether a child is eligible for membership, or whether a biological parent is a member of a Tribe? |
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| How should a State court determine an Indian child's Tribe when the child may be a member or eligible for membership in more than one Tribe? |
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| When must a State court dismiss an action? |
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| What are the notice requirements for a child-custody proceeding involving an Indian child? |
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| What time limits and extensions apply? |
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| What are the standards for emergency proceedings involving an Indian child? |
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| What are the requirements for determining improper removal? |
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Petitions To Transfer to Tribal Court
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| How are petitions for transfer of a proceeding made? |
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| What happens after a petition for transfer is made? |
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| What are the criteria for ruling on transfer petitions? |
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| How is a determination of “good cause” to deny transfer made? |
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| What happens after a petition for transfer is granted? |
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Adjudication of Involuntary Proceedings
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| How does the State court ensure that active efforts have been made? |
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| What are the applicable standards of evidence? |
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| Who may serve as a qualified expert witness? |
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Voluntary Proceedings
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| What actions must a State court undertake in voluntary proceedings? |
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| What information must a consent document contain? |
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| How is withdrawal of consent to a foster-care placement achieved? |
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| How is withdrawal of consent to a termination of parental rights or adoption achieved? |
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Dispositions
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| When do the placement preferences apply? |
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| What placement preferences apply in adoptive placements? |
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| What placement preferences apply in foster-care or preadoptive placements? |
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| How is a determination of “good cause” to depart from the placement preferences made? |
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Access
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| Should courts allow participation by alternative methods? |
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| Who has access to reports and records during a proceeding? |
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Post-Trial Rights & Responsibilities
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| What are the requirements for vacating an adoption based on consent having been obtained through fraud or duress? |
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| Who can petition to invalidate an action for certain ICWA violations? |
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| What are the rights to information about adoptees' Tribal affiliations? |
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| Must notice be given of a change in an adopted Indian child's status? |
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Recordkeeping
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| What information must States furnish to the Bureau of Indian Affairs? |
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| What records must the State maintain? |
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| How does the Paperwork Reduction Act affect this subpart? |
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Effective Date
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| How does this subpart apply to pending proceedings? |
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Severability
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| What happens if some portion of this part is held to be invalid by a court of competent jurisdiction? |
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