Minn. Stat. » CHAPTER 518D. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
Minnesota Statutes

Minn. Stat. § 518D.104 (2026)

Application To Indian Tribes

✓ current as of May 2026
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(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, United States Code, title 25, section 1901, et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying sections 518D.101 to 518D.210.

(c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under sections 518D.301 to 518D.317.

Notes of Decisions
Cited in 3 cases, 2004–2011 · leading case: In Re Welfare of Child. of D.M.T.-r., 802 N.W.2d 759 (Minn. Ct. App. 2011).
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In Re Welfare of Child. of D.M.T.-r., 802 N.W.2d 759 (Minn. Ct. App. 2011). · cites it 4× “Minn.Stat. § 518D.104(b); accord Gerber v.”
Gerber v. Eastman, 673 N.W.2d 854 (Minn. Ct. App. 2004). · cites it 3× “Minn.Stat. § 518D.104(b). Under certain circumstances, the UCCJEA grants jurisdiction to a Minnesota state court to make an initial child custody determination.”
In re the Welfare of the Child of R.S., 793 N.W.2d 752 (Minn. Ct. App. 2011). · cites it 6× “” Minn.Stat. § 518D.104(a). In this situation, however, because ICWA does not squarely address whether the juvenile court can transfer this preadoptive-placement proceeding to tribal court, the tribe’s motion to transfer jurisdiction is arguably subject to UCCJEA.”
— Minn. Stat. § 518D.104(a) — 1 case
In re the Welfare of the Child of R.S., 793 N.W.2d 752 (Minn. Ct. App. 2011). “” Minn.Stat. § 518D.104(a). In this situation, however, because ICWA does not squarely address whether the juvenile court can transfer this preadoptive-placement proceeding to tribal court, the tribe’s motion to transfer jurisdiction is arguably subject to UCCJEA.”
— Minn. Stat. § 518D.104(b) — 3 cases
In Re Welfare of Child. of D.M.T.-r., 802 N.W.2d 759 (Minn. Ct. App. 2011). “Minn.Stat. § 518D.104(b); accord Gerber v.”
Gerber v. Eastman, 673 N.W.2d 854 (Minn. Ct. App. 2004). “Minn.Stat. § 518D.104(b). Under certain circumstances, the UCCJEA grants jurisdiction to a Minnesota state court to make an initial child custody determination.”
In re the Welfare of the Child of R.S., 793 N.W.2d 752 (Minn. Ct. App. 2011). “” Minn.Stat. § 518D.104(a). In this situation, however, because ICWA does not squarely address whether the juvenile court can transfer this preadoptive-placement proceeding to tribal court, the tribe’s motion to transfer jurisdiction is arguably subject to UCCJEA.”
— Minn. Stat. § 518D.104(c) — 1 case
Gerber v. Eastman, 673 N.W.2d 854 (Minn. Ct. App. 2004). “Minn.Stat. § 518D.104(b). Under certain circumstances, the UCCJEA grants jurisdiction to a Minnesota state court to make an initial child custody determination.”
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