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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 25 - Indians |
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Chapter I - Bureau of Indian Affairs, Department of the Interior |
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SubChapter D - Human Services |
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Part 23 - Indian Child Welfare Act |
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Subpart I - Indian Child Welfare Act Proceedings |
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Petitions to Transfer to Tribal Court |
§ 23.117 - What are the criteria for ruling on transfer petitions?
Latest version.
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§ 23.117 What are the criteria for ruling on transfer petitions?
Upon receipt of a transfer petition from an Indian child's parent, Indian custodian, or Tribe, the State court must transfer the child-custody proceeding unless the court determines that transfer is not appropriate because one or more of the following criteria are met:
(a) Either parent objects to such transfer;
(b) The Tribal court declines the transfer; or
(c) Good cause exists for denying the transfer.