Subpart A - Purpose, Definitions, and Policy

§ 23.1 - Purpose.

§ 23.2 - Definitions.

§ 23.3 - Policy.

§ 23.4 - Information collection.

Subpart B - Notice of Involuntary Child Custody Proceedings and Payment for Appointed Counsel in State Courts

§ 23.11 - Notice.

§ 23.12 - Designated tribal agent for service of notice.

§ 23.13 - Payment for appointed counsel in involuntary Indian child custody proceedings in state courts.

Subpart C - Grants to Indian Tribes for Title II Indian Child and Family Service Programs

§ 23.21 - Noncompetitive tribal government grants.

§ 23.22 - Purpose of tribal government grants.

§ 23.23 - Tribal government application contents.

Subpart D - Grants to Off-Reservation Indian Organizations for Title II Indian Child and Family Service Programs

§ 23.31 - Competitive off-reservation grant process.

§ 23.32 - Purpose of off-reservation grants.

§ 23.33 - Competitive off-reservation application contents and application selection criteria.

§ 23.34 - Review and decision on off-reservation applications by Regional Director.

§ 23.35 - Deadline for Central Office action.

Subpart E - General and Uniform Grant Administration Provisions and Requirements

§ 23.41 - Uniform grant administration provisions, requirements and applicability.

§ 23.42 - Technical assistance.

§ 23.43 - Authority for grant approval and execution.

§ 23.44 - Grant administration and monitoring.

§ 23.45 - Subgrants.

§ 23.46 - Financial management, internal and external controls and other assurances.

§ 23.47 - Reports and availability of information to Indians.

§ 23.48 - Matching shares and agreements.

§ 23.49 - Fair and uniform provision of services.

§ 23.50 - Service eligibility.

§ 23.51 - Grant carry-over authority.

§ 23.52 - Grant suspension.

§ 23.53 - Cancellation.

Subpart F - Appeals

§ 23.61 - Appeals from decision or action by Agency Superintendent, Regional Director or Grants Officer.

§ 23.62 - Appeals from decision or action by Regional Director under subpart D.

§ 23.63 - Appeals from inaction of official.

Subpart G - Administrative Provisions

§ 23.71 - Recordkeeping and information availability.

Subpart H - Assistance to State Courts

§ 23.81 - Assistance in identifying witnesses.

§ 23.82 - Assistance in identifying language interpreters.

§ 23.83 - Assistance in locating biological parents of Indian child after termination of adoption.

Subpart I - Indian Child Welfare Act Proceedings

Dispositions

§ 23.129 - When do the placement preferences apply?

§ 23.130 - What placement preferences apply in adoptive placements?

§ 23.131 - What placement preferences apply in foster-care or preadoptive placements?

§ 23.132 - How is a determination of “good cause” to depart from the placement preferences made?

Access

§ 23.133 - Should courts allow participation by alternative methods?

§ 23.134 - Who has access to reports and records during a proceeding?

§ 23.135 - [Reserved]

Pretrial Requirements

§ 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?

Effective Date

§ 23.143 - How does this subpart apply to pending proceedings?

Petitions to Transfer to Tribal Court

§ 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?

Severability

§ 23.144 - What happens if some portion of this part is held to be invalid by a court of competent jurisdiction?

General Provisions

§ 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?

Post-Trial Rights & Responsibilities

Voluntary Proceedings

§ 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?

Adjudication of Involuntary Proceedings

§ 23.120 - How does the State court ensure that active efforts have been made?

§ 23.121 - What are the applicable standards of evidence?

§ 23.122 - Who may serve as a qualified expert witness?

§ 23.123 - [Reserved]

Recordkeeping

§ 23.140 - What information must States furnish to the Bureau of Indian Affairs?

§ 23.141 - What records must the State maintain?

§ 23.142 - How does the Paperwork Reduction Act affect this subpart?

Post-Trial Rights & Responsibilities

§ 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?