25 C.F.R. § 23.124

What actions must a State court undertake in voluntary proceedings?

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(a) The State court must require the participants in a voluntary proceeding to state on the record whether the child is an Indian child, or whether there is reason to believe the child is an Indian child, as provided in § 23.107.

(b) If there is reason to believe the child is an Indian child, the State court must ensure that the party seeking placement has taken all reasonable steps to verify the child's status. This may include contacting the Tribe of which it is believed the child is a member (or eligible for membership and of which the biological parent is a member) to verify the child's status. As described in § 23.107, where a consenting parent requests anonymity, a Tribe receiving such information must keep relevant documents and information confidential.

Notes of Decisions

Cited in 1 case, 2018–2018 · leading case: Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018).

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Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018). “25 C.F.R. § 23.124 . The ICWA and the Final Rule require state courts to ask each participant, on the record, at the commencement of child custody proceedings whether the person knows or has reason to know whether the child is an Indian child and directs the parties to inform…”

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