25 C.F.R. § 23.117
What are the criteria for ruling on transfer petitions?
Upon receipt of a transfer petition from an Indian child's parent, Indian custodian, or Tribe, the State court must transfer the child-custody proceeding unless the court determines that transfer is not appropriate because one or more of the following criteria are met:
(a) Either parent objects to such transfer;
(b) The Tribal court declines the transfer; or
(c) Good cause exists for denying the transfer.
Notes of Decisions
Cited in 11
cases (6 in the last 5 years), 2016–2025 · leading case: In re Child of Radience K., 2019 ME 73 (Me. 2019).
In re Child of Radience K., 2019 ME 73 (Me. 2019). “118 (2018). The Final Rule, however, does not go so far as to define or provide examples of what is good cause.”
State v. Reich-Crabtree, 381 P.3d 710 (Okla. 2016). “25, 2015) (to be codified at 25 C.F.R. 23.117 to 23.118). Subsection C.”
In re Cal. E., 2023 IL App (4th) 220930 (Ill. App. Ct. 2023). “2d at 263 ; see also 25 C.F.R. § 23.117 (2022) (“Upon receipt of a transfer petition *** the State court must transfer the child-custody proceeding unless *** (a) [e]ither parent objects to such transfer; (b) [t]he Tribal court declines the transfer; or (c) [g]ood cause exists…”
In the Matter of M.H.C., 2016 OK 88 (Okla. 2016). “25, 2015) (to be codified at 25 C.F.R. 23.117 to 23.118). Subsection C.”
Matter of J.B., YINC, 2025 MT 170 (Mont. 2025). “25 C.F.R. § 23.117 ; accord § 41-3-1310(5), MCA (“If either of the Indian child’s parents objects to transfer of the proceeding to the Indian child’s tribe, the court may not transfer the proceeding.”
In re N.R., A.R-1 & A.W (W. Va. 2020). “” 25 C.F.R. § 23.117 . Critically, “[i]f the State court believes, or any party asserts, that good cause to deny transfer exists, the reasons for that belief or assertion must be stated orally on the record or provided in writing on the record and to the parties to the…”
In re N.R., A.R-1 & A.W (W. Va. 2020). “” 25 C.F.R. § 23.117 . Critically, “[i]f the State court believes, or any party asserts, that good cause to deny transfer exists, the reasons for that belief or assertion must be stated orally on the record or provided in writing on the record and to the parties to the…”
In the Interest of T.F & T.F., Minor Child. (Iowa Ct. App. 2021). “25 C.F.R. § 23.117 (emphasis added). The legislative history of the federal ICWA states that the use of the term “good cause” was designed to provide state courts with flexibility in determining the disposition of a placement proceeding involving an Indian child.”
In the Interest of T.F & T.F., Minor Child. (Iowa 2022). “19 25 C.F.R. § 23.117 . The statutory and regulatory provisions related to transfer of jurisdiction to tribal courts under ICWA do not provide a definition of “good cause.”
In the Interest of T.F & T.F., Minor Child. (Iowa 2022). “25 C.F.R. § 23.117 . The statutory and regulatory provisions related to transfer of jurisdiction to tribal courts under ICWA do not provide a definition of “good cause.”
Matter of I.R.S. & M.w.a.h., Yincs, 2025 MT 139 (Mont. 2025). “§ 1911 (b); 25 CFR §§ 23.117 , 23.118. Further, the state court retains jurisdiction (except to enter a “final order” in the custody proceeding) “pending receipt of a tribal court order accepting jurisdiction.”
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