25 C.F.R. § 23.143
How does this subpart apply to pending proceedings?
None of the provisions of this subpart affects a proceeding under State law for foster-care placement, termination of parental rights, preadoptive placement, or adoptive placement that was initiated prior to December 12, 2016, but the provisions of this subpart apply to any subsequent proceeding in the same matter or subsequent proceedings affecting the custody or placement of the same child.
Notes of Decisions
Cited in 18
cases (3 in the last 5 years), 2017–2021 · leading case: L. A. Cnty. Dep't of Child. & Fam. Servs. v. Shawn M. (In re Elizabeth M.), 19 Cal. App. 5th 768 (Cal. Ct. App. 2018).
L. A. Cnty. Dep't of Child. & Fam. Servs. v. Shawn M. (In re Elizabeth M.), 19 Cal. App. 5th 768 (Cal. Ct. App. 2018). “) A "child-custody proceeding" includes any action, other than an emergency proceeding, that may culminate in foster care placement, termination of parental rights, a preadoptive placement or an adoptive placement. ( 25 U.S.C. § 1903 (1) ; 25 C.”
Bill S. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 436 P.3d 976 (Alaska 2019). “at 38 ,778 ; 25 C.F.R. § 23.143 ("None of the provisions of this subpart affects a proceeding under State law for .”
Demetria H. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 433 P.3d 1064 (Alaska 2018). “18 ICWA Regulations, 25 C.F.R. § 23.143 (2016). "[T]he provisions of this subpart apply to any subsequent proceeding in the same matter or subsequent proceedings affecting the custody or placement of the same child [initiated after December 12, 2016].”
San Diego Cnty. Health & Human Servs. Agency v. Sally H. (In re E.H.), 26 Cal. App. 5th 1058 (Cal. Ct. App. 2018). “(See 25 C.F.R. § 23.143 ["None of the provisions of this subpart affects a proceeding under State law for foster-care placement, termination of parental rights, preadoptive placement, or adoptive placement that was initiated prior to December 12, 2016, but the provisions of this…”
In re Child of Radience K., 2019 ME 73, 208 A.3d 380. “See 25 C.F.R. § 23.143 (2018). 11 Though not included as a finding in the termination judgment, the court was presented with evidence that, after being placed in the Department's custody, the child was also provided with counseling and participated in a CODE evaluation.”
In re A.L.D., 2018 MT 112, 417 P.3d 342. “25 C.F.R. § 23.143 (2018). ¶14 Because the Guidelines and Regulations automatically apply, there is no need for us to adopt them.”
Mendocino Cnty. Health & Human Servs. Agency v. J.R. (In re E.R.), 18 Cal. App. 5th 891 (Cal. Ct. App. 2017). “(See 25 C.F.R. § 23.143 (2017), 81 Fed. Reg. 38876 .”
Alfred J. v. State of Alaska, No. S17120 (Alaska Apr. 3, 2019). “25 C.F.R. § 23.143 . 15 Sylvia L. v. State, Dep’t of Health &Soc.”
In re E.R., No. A145384 (Cal. Ct. App. Dec. 20, 2017). “(See 25 C.F.R. § 23.143 (2017), 81 Fed. Reg. 38876 .”
In re E.H., No. D073635 (Cal. Ct. App. Sept. 7, 2018). “(See 25 C.F.R. § 23.143 ["None of the provisions of this subpart affects a proceeding under State law for foster-care placement, termination of parental rights, preadoptive placement, or adoptive placement that was initiated prior to December 12, 2016, but the provisions of this…”
In re E.J.B., 846 S.E.2d 472 (N.C. 2020). “25 C.F.R. § 23.143 . Under subpart I of the current federal regulations, state courts bear the burden of ensuring compliance with the Act.”
In re M.L.B., 857 S.E.2d 101 (N.C. 2021). “” 25 C.F.R. § 23.143 . A child custody proceeding includes “any action resulting in the termination of the parent-child relationship.”
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