(a) The State must maintain a record of every voluntary or involuntary foster-care, preadoptive, and adoptive placement of an Indian child and make the record available within 14 days of a request by an Indian child's Tribe or the Secretary.
(b) The record must contain, at a minimum, the petition or complaint, all substantive orders entered in the child-custody proceeding, the complete record of the placement determination (including, but not limited to, the findings in the court record and the social worker's statement), and, if the placement departs from the placement preferences, detailed documentation of the efforts to comply with the placement preferences.
(c) A State agency or agencies may be designated to be the repository for this information. The State court or agency should notify the BIA whether these records are maintained within the court system or by a State agency.
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 2018–2023 · leading case:
Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).
Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).
· cites it 8× “” 25 C.F.R. § 23.141 (“The State court or agency should notify the BIA whether these records are maintained within the court system or by a State agency.”
Haaland v. Brackeen, 599 U.S. 255 (2023).
“See 25 CFR § 23.141 (c) (“The State court or agency should notify the BIA whether these records are main- tained within the court system or by a State agency”).”
Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018).
“" 25 C.F.R. § 23.141 . In an involuntary foster care or termination of parental rights proceeding, the Final Rule requires state courts to ensure and document that the state agency has used "active efforts" to prevent the breakup of the Indian family.”
Haaland v. Brackeen, 599 U.S. 255 (2023).
“See 25 CFR §23.141 (c) (“The State court or agency should notify the BIA whether these records are maintained within the court system or by a State agency”).”
Chad Brackeen v. David Bernhardt (5th Cir. 2019).
· cites it 6× “2 See 25 C.F.R. § 23.141 : (a) The State must maintain a record of every voluntary or involuntary foster-care, preadoptive, and adoptive placement of an Indian child and make the record available within 14 days of a request by an Indian child’s Tribe or the Secretary.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.