25 CFR Part 23 - Subpart I - Indian Child Welfare Act Proceedings
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General Provisions (§§ 23.101 - 23.106)
- § 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?
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Pretrial Requirements (§§ 23.107 - 23.114)
- § 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?
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Petitions To Transfer to Tribal Court (§§ 23.115 - 23.119)
- § 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?
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Adjudication of Involuntary Proceedings (§§ 23.120 - 23.123)
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Voluntary Proceedings (§§ 23.124 - 23.128)
- § 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?
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Dispositions (§§ 23.129 - 23.132)
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Access (§§ 23.133 - 23.135)
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Post-Trial Rights & Responsibilities (§§ 23.136 - 23.139)
- § 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?
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Effective Date (§ 23.143)
Source:
81 FR 38867, June 14, 2016, unless otherwise noted.