Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 25 - Indians |
Chapter I - Bureau of Indian Affairs, Department of the Interior |
SubChapter D - Human Services |
Part 23 - Indian Child Welfare Act |
Subpart I - Indian Child Welfare Act Proceedings |
Petitions to Transfer to Tribal Court |
§ 23.115 - How are petitions for transfer of a proceeding made?
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§ 23.115 How are petitions for transfer of a proceeding made?
(a) Either parent, the Indian custodian, or the Indian child's Tribe may request, at any time, orally on the record or in writing, that the State court transfer a foster-care or termination-of-parental-rights proceeding to the jurisdiction of the child's Tribe.
(b) The right to request a transfer is available at any stage in each foster-care or termination-of-parental-rights proceeding.