237 Pa. Code r. 1203 - Indian Child

(a) Inquiry.

(1) At the commencement of the initial proceeding, including a court's acceptance of either jurisdiction of a resident child from another state or supervision pursuant to another state's order, the court shall inquire as to the efforts made by the county agency to determine whether the child is an Indian child and whether any participant has reason to know the child is an Indian child. All responses shall be placed on the record.

(2) The court shall advise the participants of their obligation to report to the court if they subsequently receive information that provides a reason to know the child is an Indian child.

(b) Finding of Court. The court shall make a finding as to whether there is reason to know the child is an Indian child.

(c) Additional Requirements.

(1) If the court finds there is reason to know the child is an Indian child, but lacks sufficient evidence to determine whether the child is an Indian child, the court shall confirm due diligence has been used to make such determination, and the court shall treat the child as an Indian child until it can determine, from the record, that the child does not meet the definition of an Indian child.

(2) If the court has sufficient evidence to conclude the child is an Indian child, then the notification and rights under the Indian Child Welfare Act shall apply.

Comment:

The Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq. and the Bureau of Indian Affairs regulations, 25 C.F.R. § 23.107, require the court at the commencement of the initial proceeding to determine if any participant has reason to know whether the child is an Indian child.

For the definition of "Indian child," see Rule 1120. Nothing in this rule is intended to prohibit the court from continuing to inquire at every subsequent proceeding. For determination of a reason to know whether a child is an Indian child, see 25 C.F.R. § 23.107. When a court knows or has reason to know that a child is an Indian child, see 25 C.F.R. § 23.111 for notice requirements. See also 25 C.F.R. § 23.11.

For additional requirements concerning the emergency removal or emergency placement of an Indian child, see 25 C.F.R. § 23.113. For additional requirements concerning the non-emergent placement of an Indian child, see 25 C.F.R. §§ 23.121 - 23.122. For the transfer of proceedings to the Indian child's tribe, see 25 C.F.R. §§ 23.115 - .119. For requirements concerning voluntary proceedings for the placement of an Indian child, see 25 C.F.R. §§ 23.124 -.127. For the placement preferences of an Indian child, see 25 C.F.R. §§ 23.131 - 23.132.

Notes

237 Pa. Code r. 1203

Adopted by Pennsylvania Bulletin, Vol 55, No. 02. January 11, 2025, effective 7/1/2025