§1911 Indian tribe jurisdiction over Indian child custody proceedings

Summary

A tribe has sole authority over child custody cases for an Indian child who lives or is officially based on that tribe’s reservation. If a tribal court has made the child a ward, the tribe keeps that authority even if the child lives elsewhere, unless federal law already gives the State control. If a state court is handling foster care placement or ending parental rights for an Indian child who does not live on the reservation, the state court must send the case to the tribe unless there is a good reason not to and neither parent objects. A parent, the child’s Indian custodian, or the tribe can ask for the transfer, and the tribal court can refuse it. The child’s Indian custodian and the tribe can join any such state case at any time. The United States, all states, territories, and tribes must recognize and accept tribal laws, records, and court decisions about these custody matters the same as they do other governments’ records and rulings.