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. § 23.137

Who can petition to invalidate an action for certain ICWA violations?

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(a) Any of the following may petition any court of competent jurisdiction to invalidate an action for foster-care placement or termination of parental rights under state law where it is alleged that 25 U.S.C. 1911, 1912, or 1913 has been violated:

(1) An Indian child who is or was the subject of any action for foster-care placement or termination of parental rights;

(2) A parent or Indian custodian from whose custody such child was removed; and

(3) The Indian child's Tribe.

(b) Upon a showing that an action for foster-care placement or termination of parental rights violated any provision of 25 U.S.C. 1911, 1912, or 1913, the court must determine whether it is appropriate to invalidate the action.

(c) To petition for invalidation, there is no requirement that the petitioner's rights under ICWA were violated; rather, a petitioner may challenge the action based on any violations of 25 U.S.C. 1911, 1912, or 1913 during the course of the child-custody proceeding.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2018–2026 · leading case: Sacramento Cnty. Dep't of Child v. J.C. (In re A.W.), 251 Cal. Rptr. 3d 50 (Cal. Ct. App. 5th 2019).
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Sacramento Cnty. Dep't of Child v. J.C. (In re A.W.), 251 Cal. Rptr. 3d 50 (Cal. Ct. App. 5th 2019). “§ 1914 ; 25 C.F.R. § 23.137 ; § 224, subd. (e); rule 5.”
Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018). “§ 1914 ; 25 C.F.R. § 23.137 . 5 *530 Finally, the State Plaintiffs contend if they fail to comply with the ICWA, they risk losing funding for child welfare services under Title IV-B and Title IV-E of the SSA.”
Matter of K.L.N., YINC, 2021 MT 56 (Mont. 2021). “” 25 C.F.R. § 23.137 (b). Thus “alleged violations of [ICWA] in the temporary custody proceedings would not require invalidation of the permanent custody proceedings.”
Matter of Connor (Mariann D.--Jacob D.), 2019 NY Slip Op 5979 (N.Y. App. Div. 2019). · cites it 4× “The ICWA provides that "[a]ny Indian Child who is the subject of any action for foster care placement or termination of parental rights under State law, any parent or Indian custodian from whose custody such child was removed , and the Indian child's tribe may petition any court…”
In re A.W. (Cal. Ct. App. 2019). “§ 1914 ; 25 C.F.R. § 23.137 ; § 224, subd. (e); rule 5.”
Matter of S.A. & J.P., YINC, 2026 MT 20 (Mont. 2026). ““This rule does not require the court to invalidate an action, but requires the court to determine whether it is appropriate to invalidate the action under the standard of review under applicable law.” In re S.B., ¶ 28 (internal quotation marks and citation omitted).”
— 25 C.F.R. § 23.137(a) — 1 case
Matter of Connor (Mariann D.--Jacob D.), 2019 NY Slip Op 5979 (N.Y. App. Div. 2019). “The ICWA provides that "[a]ny Indian Child who is the subject of any action for foster care placement or termination of parental rights under State law, any parent or Indian custodian from whose custody such child was removed , and the Indian child's tribe may petition any court…”
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