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Title 25

Displaying title 25, up to date as of 10/08/2026. Title 25 was last amended 12/01/2025.
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Title 25IndiansPart / Section
Chapter IBureau of Indian Affairs, Department of the Interior1 – 299
Subchapter DHuman Services20 – 26
Part 23Indian Child Welfare Act23.1 – 23.144
Subpart IIndian Child Welfare Act Proceedings23.101 – 23.144
General Provisions23.101 – 23.106
§ 23.101What is the purpose of this subpart?
§ 23.102What terms do I need to know?
§ 23.103When does ICWA apply?
§ 23.104What provisions of this subpart apply to each type of child-custody proceeding?
§ 23.105How do I contact a Tribe under the regulations in this subpart?
§ 23.106How does this subpart interact with State and Federal laws?
Pretrial Requirements23.107 – 23.114
§ 23.107How should a State court determine if there is reason to know the child is an Indian child?
§ 23.108Who 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?
§ 23.109How 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?
§ 23.110When must a State court dismiss an action?
§ 23.111What are the notice requirements for a child-custody proceeding involving an Indian child?
§ 23.112What time limits and extensions apply?
§ 23.113What are the standards for emergency proceedings involving an Indian child?
§ 23.114What are the requirements for determining improper removal?
Petitions To Transfer to Tribal Court23.115 – 23.119
§ 23.115How are petitions for transfer of a proceeding made?
§ 23.116What happens after a petition for transfer is made?
§ 23.117What are the criteria for ruling on transfer petitions?
§ 23.118How is a determination of “good cause” to deny transfer made?
§ 23.119What happens after a petition for transfer is granted?
Adjudication of Involuntary Proceedings23.120 – 23.123
§ 23.120How does the State court ensure that active efforts have been made?
§ 23.121What are the applicable standards of evidence?
§ 23.122Who may serve as a qualified expert witness?
§ 23.123 [Reserved]
Voluntary Proceedings23.124 – 23.128
§ 23.124What actions must a State court undertake in voluntary proceedings?
§ 23.125How is consent obtained?
§ 23.126What information must a consent document contain?
§ 23.127How is withdrawal of consent to a foster-care placement achieved?
§ 23.128How is withdrawal of consent to a termination of parental rights or adoption achieved?
Dispositions23.129 – 23.132
§ 23.129When do the placement preferences apply?
§ 23.130What placement preferences apply in adoptive placements?
§ 23.131What placement preferences apply in foster-care or preadoptive placements?
§ 23.132How is a determination of “good cause” to depart from the placement preferences made?
Access23.133 – 23.135
§ 23.133Should courts allow participation by alternative methods?
§ 23.134Who has access to reports and records during a proceeding?
§ 23.135 [Reserved]
Post-Trial Rights & Responsibilities23.136 – 23.139
§ 23.136What are the requirements for vacating an adoption based on consent having been obtained through fraud or duress?
§ 23.137Who can petition to invalidate an action for certain ICWA violations?
§ 23.138What are the rights to information about adoptees' Tribal affiliations?
§ 23.139Must notice be given of a change in an adopted Indian child's status?
Recordkeeping23.140 – 23.142
§ 23.140What information must States furnish to the Bureau of Indian Affairs?
§ 23.141What records must the State maintain?
§ 23.142How does the Paperwork Reduction Act affect this subpart?
Effective Date23.143
§ 23.143How does this subpart apply to pending proceedings?
Severability23.144
§ 23.144What happens if some portion of this part is held to be invalid by a court of competent jurisdiction?