25 U.S.C. § 1923

Effective date

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None of the provisions of this subchapter, except sections 1911(a), 1918, and 1919 of this title, shall affect a proceeding under State law for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement which was initiated or completed prior to one hundred and eighty days after November 8, 1978, but shall 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 15 cases, 1979–1995 · leading case: E. A. v. State, 623 P.2d 1210 (Alaska 1981).

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E. A. v. State, 623 P.2d 1210 (Alaska 1981). · cites it 5× “” 25 U.S.C. § 1923 (Supp.1978). The grandparents argue that the physical placement of the children on May 17,1979, was a “subsequent proceeding in the same matter” to which the Act applies.”

Yavapai-Apache Tribe v. Mejia, 906 S.W.2d 152 (Tex. App. 1995). “See 25 U.S.C.A. § 1923 (1983). 4 . A "child custody proceeding” includes foster care matters, termination of parental rights, pre-adoptive placements, and adoptive placements.”

Bird Head v. Tail, 308 N.W.2d 837 (Neb. 1981). · cites it 4× “” 25 U.S.C.A. § 1923 (Supp. 1963 to 1980). The petition to terminate the appellant’s parental rights was filed on June 8, 1977, nearly 2 years prior to May 7, 1979, the effective date of the Indian Child Welfare Act.”

People ex rel. J.L.G., 687 P.2d 477 (Colo. Ct. App. 1984). · cites it 2× “25 U.S.C. § 1923 (1981 Supp.). On June 12, 1979, believing the Act to be applicable, the trial court sent notice of this proceeding to the Sioux Tribe as provided for in § 1912 of the Act.”

In re C.L.T., 597 P.2d 518 (Alaska 1979). “See 25 U.S.C.A. § 1923 (Supp.1979). We do not pass on the question of whether the Act would be applicable to any further proceedings.”

Vill. of Chalkyitsik v. M.S.F., 690 P.2d 10 (Alaska 1984). “By its terms the Act did not affect a proceeding under State law for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement which was initiated or completed prior to one hundred and eighty days after November 8, 1978, ( 25 U.S.C. §…”

In re T. J. D., 615 P.2d 212 (Mont. 1980). · cites it 2× “” The controlling part of the Act insofar as this appeal is concerned, is 25 U.S.C. § 1923 , which provides as to the effective date of the Act: “None of the provisions of this subchapter, .”

In re S.Z., 325 N.W.2d 53 (S.D. 1982). “25 U.S.C. § 1923 . Moreover, the Act itself in 25 U.”

In Re Jrs, 690 P.2d 10 (Alaska 1984). “By its terms the Act did not affect a proceeding under State law for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement which was initiated or completed prior to one hundred and eighty days after November 8, 1978, ( 25 U.S.C. §…”

Matter of SZ, 325 N.W.2d 53 (S.D. 1982). “25 U.S.C. § 1923 . Moreover, the Act itself in 25 U.”

In Re the Adoption of Baby Nancy, 616 P.2d 1263 (Wash. Ct. App. 1980). · cites it 2× “" 25 U.S.C.A. § 1923 (Supp. 1979). The final adoption hearing here was held within the 180-day period.”

EA v. State, 623 P.2d 1210 (Alaska 1981). · cites it 5× “" 25 U.S.C. § 1923 (Supp. 1978). The grandparents argue that the physical placement of the children on May 17, 1979, was a "subsequent proceeding in the same matter" to which the Act applies.”

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