§1911 Indian Tribe Jurisdiction Over Indian Child Custody Proceedings

Summary

Give each Indian tribe sole authority instead of the State over child custody cases for an Indian child who lives or has their home on the tribe’s reservation, unless federal law gives that power to the State. If a tribal court has already made the child a ward, the tribe keeps that authority even if the child lives elsewhere. 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 case must be sent to the tribe unless there is good reason not to and a parent objects. Either parent, the child’s Indian custodian, or the tribe can ask for the transfer, and the tribal court can decline it. The child’s Indian custodian and the tribe may join State cases at any time. The U.S., states, territories, and tribes must accept and respect tribal public acts, records, and court rulings in these child custody matters the same as they do for other governments.