Subpart I. Subpart I—Indian Child Welfare Act Proceedings

• General Provisions

  • SECTION § 23.101 - What is the purpose of this subpart?
  • SECTION § 23.102 - What terms do I need to know?
  • SECTION § 23.103 - When does ICWA apply?
  • SECTION § 23.104 - What provisions of this subpart apply to each type of child-custody proceeding?
  • SECTION § 23.105 - How do I contact a Tribe under the regulations in this subpart?
  • SECTION § 23.106 - How does this subpart interact with State and Federal laws?

• Pretrial Requirements

  • SECTION § 23.107 - How should a State court determine if there is reason to know the child is an Indian child?
  • SECTION § 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?
  • SECTION § 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?
  • SECTION § 23.110 - When must a State court dismiss an action?
  • SECTION § 23.111 - What are the notice requirements for a child-custody proceeding involving an Indian child?
  • SECTION § 23.112 - What time limits and extensions apply?
  • SECTION § 23.113 - What are the standards for emergency proceedings involving an Indian child?
  • SECTION § 23.114 - What are the requirements for determining improper removal?

• Petitions To Transfer to Tribal Court

  • SECTION § 23.115 - How are petitions for transfer of a proceeding made?
  • SECTION § 23.116 - What happens after a petition for transfer is made?
  • SECTION § 23.117 - What are the criteria for ruling on transfer petitions?
  • SECTION § 23.118 - How is a determination of “good cause” to deny transfer made?
  • SECTION § 23.119 - What happens after a petition for transfer is granted?

• Adjudication of Involuntary Proceedings

  • SECTION § 23.120 - How does the State court ensure that active efforts have been made?
  • SECTION § 23.121 - What are the applicable standards of evidence?
  • SECTION § 23.122 - Who may serve as a qualified expert witness?
  • SECTION § 23.123 - [Reserved]

• Voluntary Proceedings

  • SECTION § 23.124 - What actions must a State court undertake in voluntary proceedings?
  • SECTION § 23.125 - How is consent obtained?
  • SECTION § 23.126 - What information must a consent document contain?
  • SECTION § 23.127 - How is withdrawal of consent to a foster-care placement achieved?
  • SECTION § 23.128 - How is withdrawal of consent to a termination of parental rights or adoption achieved?

• Dispositions

  • SECTION § 23.129 - When do the placement preferences apply?
  • SECTION § 23.130 - What placement preferences apply in adoptive placements?
  • SECTION § 23.131 - What placement preferences apply in foster-care or preadoptive placements?
  • SECTION § 23.132 - How is a determination of “good cause” to depart from the placement preferences made?

• Access

  • SECTION § 23.133 - Should courts allow participation by alternative methods?
  • SECTION § 23.134 - Who has access to reports and records during a proceeding?
  • SECTION § 23.135 - [Reserved]

• Post-Trial Rights & Responsibilities

  • SECTION § 23.136 - What are the requirements for vacating an adoption based on consent having been obtained through fraud or duress?
  • SECTION § 23.137 - Who can petition to invalidate an action for certain ICWA violations?
  • SECTION § 23.138 - What are the rights to information about adoptees' Tribal affiliations?
  • SECTION § 23.139 - Must notice be given of a change in an adopted Indian child's status?

• Recordkeeping

  • SECTION § 23.140 - What information must States furnish to the Bureau of Indian Affairs?
  • SECTION § 23.141 - What records must the State maintain?
  • SECTION § 23.142 - How does the Paperwork Reduction Act affect this subpart?

• Effective Date

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

• Severability

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