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
Subpart C — Grants to Indian Tribes for Title II Indian Child and Family Service Programs
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.
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.
Subpart F — Appeals
Subpart G — Administrative Provisions
Subpart H — Assistance to State Courts
Subpart I — Indian Child Welfare Act Proceedings
- § 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?
- § 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?
- § 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?
- § 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?
- § 23.124— 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?
- § 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?
- § 23.133— Should courts allow participation by alternative methods?
- § 23.134— Who has access to reports and records during a proceeding?
- § 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?
- § 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?
- § 23.143— How does this subpart apply to pending proceedings?
- § 23.144— What happens if some portion of this part is held to be invalid by a court of competent jurisdiction?