25 CFR § 23.104
What provisions of this subpart apply to each type of child-custody proceeding?
February 24, 2021
The following table lists what sections of this subpart apply to each type of child-custody proceeding identified in §23.103(a):
Open Table
| Section | Type 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 Reserved | N/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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