(a) If 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 child-custody proceeding.
(b) Any party to the child-custody proceeding must have the opportunity to provide the court with views regarding whether good cause to deny transfer exists.
(c) In determining whether good cause exists, the court must not consider:
(1) Whether the foster-care or termination-of-parental-rights proceeding is at an advanced stage if the Indian child's parent, Indian custodian, or Tribe did not receive notice of the child-custody proceeding until an advanced stage;
(2) Whether there have been prior proceedings involving the child for which no petition to transfer was filed;
(3) Whether transfer could affect the placement of the child;
(4) The Indian child's cultural connections with the Tribe or its reservation; or
(5) Socioeconomic conditions or any negative perception of Tribal or BIA social services or judicial systems.
(d) The basis for any State-court decision to deny transfer should be stated orally on the record or in a written order.
Notes of Decisions
In re Child of Radience K., 2019 ME 73 (Me. 2019).
· cites it 4× “Rather, the Final Rule identifies certain factors that a court may not consider in its calculus of whether there is good cause to deny a transfer of the case to a tribal court.”
In re Child. of Shirley T., 2019 ME 1 (Me. 2019).
· cites it 5× “The mother and father argue that the court erred as a matter of law by basing its finding of good cause on precisely this ground, that is, the likelihood or effect of the Tribal Court moving the children to South Dakota if the transfer were granted.”
In re Cal. E., 2023 IL App (4th) 220930 (Ill. App. Ct. 2023).
· cites it 4× “” 25 C.F.R. § 23.118 (b) (2022). Because the foster parents had standing to intervene in the child custody proceedings and they were denied that right, along with the right to provide the court with their views regarding good cause, they have standing to appeal and we will…”
Interest of C.R.W., 2021 S.D. 42 (S.D. 2021).
· cites it 3× “See 25 C.F.R. § 23.118 (b); See 25 C.F.R. § 23.”
Interest of E.T., 2019 S.D. 23 (S.D. 2019).
· cites it 2× “” 25 C.F.R. § 23.118 . The admissibility of evidence regarding good cause is generally governed by the 3.”
State of West Virginia ex rel. The Delaware Tribe of Indians, Intervenor v. The Honorable Stacy Nowicki-Eldridge, Judge of the Circuit Court of Boone Cnty., K.A. & E.A., Intervenor & Prospective Kinship Placement of I.R., M.J.-1, & M.J.-2, Proposed Intervenors & Prospective Kinship Placement of I.R., B.D., Father of I.R., & I.R., Subject Child of the Petition Below, (Just. Armstead dissenting.) (W. Va. 2023).
· cites it 6× “The majority also recognizes, however, that 25 C.F.R. § 23.118 provides a list of factors that may not be considered in making a good cause determination.”
In re People, 932 N.W.2d 770 (2019).
· cites it 2× “" 25 C.F.R. § 23.118 . The admissibility of evidence regarding good cause is generally governed by the rules of evidence.”
in Re Navajo Nation, Relator (Tex. App. 2019).
· cites it 3× “See 25 C.F.R. § 23.118 (2019).9 The 2016 BIA Guidelines also explain that the legislative history indicates that this provision is intended to permit a state court to apply a modified doctrine of forum non conveniens, in appropriate cases, to insure that the rights of the child…”
In the Interest of T.F & T.F., Minor Child. (Iowa Ct. App. 2021).
· cites it 3× “See 25 C.F.R. § 23.118 (c) (providing five things the court “must not consider” in determining whether good cause exists to deny transfer of jurisdiction).”
In the Interest of T.F & T.F., Minor Child. (Iowa 2022).
· cites it 3× “” 25 C.F.R. § 23.118 (c)(3), (5) (2021). Based on the record, the juvenile court found that it was in the children’s best interest to deny the transfer for several reasons.”
In the Interest of T.F & T.F., Minor Child. (Iowa 2022).
· cites it 3× “” 25 C.F.R. § 23.118 (c)(3), (5) (2021). Based on the record, the juvenile court found that it was in the children’s best interests to deny transfer for several reasons.”
— 25 C.F.R. § 23.118(c) — 1 case
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