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e-CFR data is current as of September 24, 2020

Title 25Chapter ISubchapter DPart 23Subpart I → §23.104


Title 25: Indians
PART 23—INDIAN CHILD WELFARE ACT
Subpart I—Indian Child Welfare Act Proceedings


§23.104   What provisions of this subpart apply to each type of child-custody proceeding?

The following table lists what sections of this subpart apply to each type of child-custody proceeding identified in §23.103(a):

SectionType of proceeding
23.101-23.106 (General Provisions)Emergency, Involuntary, Voluntary.
Pretrial Requirements:
23.107 (How should a State court determine if there is reason to know the child is an Indian child?)Emergency, Involuntary, Voluntary.
23.108 (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?)Emergency, Involuntary, Voluntary.
23.109 (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?)Emergency, Involuntary, Voluntary.
23.110 (When must a State court dismiss an action?)Involuntary, Voluntary.
23.111 (What are the notice requirements for a child-custody proceeding involving an Indian child?)Involuntary (foster-care placement and termination of parental rights).
23.112 (What time limits and extensions apply?)Involuntary (foster-care placement and termination of parental rights).
23.113 (What are the standards for emergency proceedings involving an Indian child?)Emergency.
23.114 (What are the requirements for determining improper removal?)Involuntary.
Petitions to Transfer to Tribal Court:
23.115 (How are petitions for transfer of a proceeding made?)Involuntary, Voluntary (foster-care placement and termination of parental rights).
23.116 (What happens after a petition for transfer is made?)Involuntary, Voluntary (foster-care placement and termination of parental rights).
23.117 (What are the criteria for ruling on transfer petitions?)Involuntary, Voluntary (foster-care placement and termination of parental rights).
23.118 (How is a determination of “good cause” to deny transfer made?)Involuntary, Voluntary (foster-care placement and termination of parental rights).
23.119 (What happens after a petition for transfer is granted?)Involuntary, Voluntary (foster-care placement and termination of parental rights).
Adjudication of Involuntary Proceedings:
23.120 (How does the State court ensure that active efforts have been made?)Involuntary (foster-care placement and termination of parental rights).
23.121 (What are the applicable standards of evidence?)Involuntary (foster-care placement and termination of parental rights).
23.122 (Who may serve as a qualified expert witness?)Involuntary (foster-care placement and termination of parental rights).
23.123 ReservedN/A.
Voluntary Proceedings:
23.124 (What actions must a State court undertake in voluntary proceedings?)Voluntary.
23.125 (How is consent obtained?)Voluntary.
23.126 (What information must a consent document contain?)Voluntary.
23.127 (How is withdrawal of consent to a foster-care placement achieved?)Voluntary.
23.128 (How is withdrawal of consent to a termination of parental rights or adoption achieved?)Voluntary.
Dispositions:
23.129 (When do the placement preferences apply?)Involuntary, Voluntary.
23.130 (What placement preferences apply in adoptive placements?)Involuntary, Voluntary.
23.131 (What placement preferences apply in foster-care or preadoptive placements?)Involuntary, Voluntary.
23.132 (How is a determination of “good cause” to depart from the placement preferences made?)Involuntary, Voluntary.
Access:
23.133 (Should courts allow participation by alternative methods?)Emergency, Involuntary.
23.134 (Who has access to reports and records during a proceeding?)Emergency, Involuntary.
23.135 Reserved.N/A.
Post-Trial Rights & Responsibilities:
23.136 (What are the requirements for vacating an adoption based on consent having been obtained through fraud or duress?)Involuntary (if consent given under threat of removal), voluntary.
23.137 (Who can petition to invalidate an action for certain ICWA violations?)Emergency (to extent it involved a specified violation), involuntary, voluntary.
23.138 (What are the rights to information about adoptees' Tribal affiliations?)Emergency, Involuntary, Voluntary.
23.139 (Must notice be given of a change in an adopted Indian child's status?)Involuntary, Voluntary.
Recordkeeping:
23.140 (What information must States furnish to the Bureau of Indian Affairs?)Involuntary, Voluntary.
23.141 (What records must the State maintain?)Involuntary, Voluntary.
23.142 (How does the Paperwork Reduction Act affect this subpart?)Emergency, Involuntary, Voluntary.
Effective Date:
23.143 (How does this subpart apply to pending proceedings?)Emergency, Involuntary, Voluntary.
Severability:
23.144 (What happens if some portion of part is held to be invalid by a court of competent jurisdiction?)Emergency, Involuntary, Voluntary.

Note: For purposes of this table, status-offense child-custody proceedings are included as a type of involuntary proceeding.

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