25 C.F.R. § 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.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 2019–2022 · leading case: In re Child of Radience K., 2019 ME 73 (Me. 2019).
In re Child of Radience K., 2019 ME 73 (Me. 2019). “§ 1911 (b) ; 25 C.F.R. § 23.115 (2018). The Nation and the child's guardian ad litem each filed a written objection to the transfer.”
Interest of C.R.W., 2021 S.D. 42 (S.D. 2021). “” Therefore, we must determine whether the circuit court properly determined that Mother’s motion to transfer was made at an advanced stage of the termination proceedings.”
Interest of E.T., 2019 S.D. 23 (S.D. 2019). “See 25 C.F.R. § 23.115 , et seq. The BIA subsequently issued its corresponding 2016 guidelines that expressly “replace the 1979 and 2015 versions of the Department’s guidelines.”
In re People, 932 N.W.2d 770 (2019). “See 25 C.F.R. § 23.115 , et seq. The BIA subsequently issued its corresponding 2016 guidelines *774 that expressly "replace the 1979 and 2015 versions of the Department's guidelines.”
In re N.R., A.R-1 & A.W (W. Va. 2020). “” 25 C.F.R. § 23.115 (emphasis added). At the time the circuit court denied petitioners’ motions, they were the biological parents of Indian children who were subject to a West Virginia state court proceeding for the determination of their foster care placement.”
In re N.R., A.R-1 & A.W (W. Va. 2020). “” 25 C.F.R. § 23.115 (emphasis added). At the time the circuit court denied petitioners’ motions, they were the biological parents of Indian children who were subject to a West Virginia state court proceeding for the determination of their foster care placement.”
In the Interest of T.F & T.F., Minor Child. (Iowa 2022). “Each individual proceeding will culminate in an order, so ‘advanced stage’ is a measurement of the stage within each proceeding.” Indian Child Welfare Act Proceedings, 81 Fed.”
In the Interest of T.F & T.F., Minor Child. (Iowa 2022). “Each individual proceeding will culminate in an order, so ‘advanced stage’ is a measurement of the stage within each proceeding.” Indian Child Welfare Act Proceedings, 81 Fed.”
In re E.T., 927 N.W.2d 111 (2019). “See 25 C.F.R. § 23.115 , et seq . The BIA subsequently issued its corresponding 2016 guidelines that expressly "replace the 1979 and 2015 versions of the Department's guidelines.”
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