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e-CFR data is current as of August 6, 2020

Title 25Chapter ISubchapter DPart 23


TITLE 25—Indians

CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

SUBCHAPTER D—HUMAN SERVICES

PART 23—INDIAN CHILD WELFARE ACT

rule

Subpart A—PURPOSE, DEFINITIONS, AND POLICY

§23.1
Purpose.
§23.2
Definitions.
§23.3
Policy.
§23.4
Information collection.
rule

Subpart B—NOTICE OF INVOLUNTARY CHILD CUSTODY PROCEEDINGS AND PAYMENT FOR APPOINTED COUNSEL IN STATE COURTS

§23.11
Notice.
§23.12
Designated tribal agent for service of notice.
§23.13
Payment for appointed counsel in involuntary Indian child custody proceedings in state courts.
rule

Subpart C—GRANTS TO INDIAN TRIBES FOR TITLE II INDIAN CHILD AND FAMILY SERVICE PROGRAMS

§23.21
Noncompetitive tribal government grants.
§23.22
Purpose of tribal government grants.
§23.23
Tribal government application contents.
rule

Subpart D—GRANTS TO OFF-RESERVATION INDIAN ORGANIZATIONS FOR TITLE II INDIAN CHILD AND FAMILY SERVICE PROGRAMS

§23.31
Competitive off-reservation grant process.
§23.32
Purpose of off-reservation grants.
§23.33
Competitive off-reservation application contents and application selection criteria.
§23.34
Review and decision on off-reservation applications by Regional Director.
§23.35
Deadline for Central Office action.
rule

Subpart E—GENERAL AND UNIFORM GRANT ADMINISTRATION PROVISIONS AND REQUIREMENTS

§23.41
Uniform grant administration provisions, requirements and applicability.
§23.42
Technical assistance.
§23.43
Authority for grant approval and execution.
§23.44
Grant administration and monitoring.
§23.45
Subgrants.
§23.46
Financial management, internal and external controls and other assurances.
§23.47
Reports and availability of information to Indians.
§23.48
Matching shares and agreements.
§23.49
Fair and uniform provision of services.
§23.50
Service eligibility.
§23.51
Grant carry-over authority.
§23.52
Grant suspension.
§23.53
Cancellation.
rule

Subpart F—APPEALS

§23.61
Appeals from decision or action by Agency Superintendent, Regional Director or Grants Officer.
§23.62
Appeals from decision or action by Regional Director under subpart D.
§23.63
Appeals from inaction of official.
rule

Subpart G—ADMINISTRATIVE PROVISIONS

§23.71
Recordkeeping and information availability.
rule

Subpart H—ASSISTANCE TO STATE COURTS

§23.81
Assistance in identifying witnesses.
§23.82
Assistance in identifying language interpreters.
§23.83
Assistance in locating biological parents of Indian child after termination of adoption.
rule

Subpart I—INDIAN CHILD WELFARE ACT PROCEEDINGS

General Provisions

§23.101
What is the purpose of this subpart?
§23.102
What terms do I need to know?
§23.103
When does ICWA apply?
§23.104
What provisions of this subpart apply to each type of child-custody proceeding?
§23.105
How do I contact a Tribe under the regulations in this subpart?
§23.106
How does this subpart interact with State and Federal laws?

Pretrial Requirements

§23.107
How should a State court determine if there is reason to know the child is an Indian child?
§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?
§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?
§23.110
When must a State court dismiss an action?
§23.111
What are the notice requirements for a child-custody proceeding involving an Indian child?
§23.112
What time limits and extensions apply?
§23.113
What are the standards for emergency proceedings involving an Indian child?
§23.114
What are the requirements for determining improper removal?

Petitions To Transfer to Tribal Court

§23.115
How are petitions for transfer of a proceeding made?
§23.116
What happens after a petition for transfer is made?
§23.117
What are the criteria for ruling on transfer petitions?
§23.118
How is a determination of “good cause” to deny transfer made?
§23.119
What happens after a petition for transfer is granted?

Adjudication of Involuntary Proceedings

§23.120
How does the State court ensure that active efforts have been made?
§23.121
What are the applicable standards of evidence?
§23.122
Who may serve as a qualified expert witness?
§23.123
[Reserved]

Voluntary Proceedings

§23.124
What actions must a State court undertake in voluntary proceedings?
§23.125
How is consent obtained?
§23.126
What information must a consent document contain?
§23.127
How is withdrawal of consent to a foster-care placement achieved?
§23.128
How is withdrawal of consent to a termination of parental rights or adoption achieved?

Dispositions

§23.129
When do the placement preferences apply?
§23.130
What placement preferences apply in adoptive placements?
§23.131
What placement preferences apply in foster-care or preadoptive placements?
§23.132
How is a determination of “good cause” to depart from the placement preferences made?

Access

§23.133
Should courts allow participation by alternative methods?
§23.134
Who has access to reports and records during a proceeding?
§23.135
[Reserved]

Post-Trial Rights & Responsibilities

§23.136
What are the requirements for vacating an adoption based on consent having been obtained through fraud or duress?
§23.137
Who can petition to invalidate an action for certain ICWA violations?
§23.138
What are the rights to information about adoptees' Tribal affiliations?
§23.139
Must notice be given of a change in an adopted Indian child's status?

Recordkeeping

§23.140
What information must States furnish to the Bureau of Indian Affairs?
§23.141
What records must the State maintain?
§23.142
How does the Paperwork Reduction Act affect this subpart?

Effective Date

§23.143
How does this subpart apply to pending proceedings?

Severability

§23.144
What happens if some portion of this part is held to be invalid by a court of competent jurisdiction?

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