C.F.R. » Title 25 » 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

25 C.F.R. § 23.116

What happens after a petition for transfer is made?

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Upon receipt of a transfer petition, the State court must ensure that the Tribal court is promptly notified in writing of the transfer petition. This notification may request a timely response regarding whether the Tribal court wishes to decline the transfer.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2024 · leading case: In re Interest of Ricardo T., 999 N.W.2d 562 (Neb. 2024).
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In re Interest of Ricardo T., 999 N.W.2d 562 (Neb. 2024). · cites it 5× “The State first pointed to 25 C.F.R. § 23.116 (2022), a federal regulation promulgated by the Bureau of Indian Affairs to implement ICWA.”
In re Child of Radience K., 2019 ME 73 (Me. 2019). “116 (2018), and general notions of case management, the best practice is for the state court, at the earliest practicable time, to contact the tribal court and inquire whether the tribal court would be inclined to accept or decline the transfer, to the extent that the tribal…”
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