§1911 Indian Tribe Jurisdiction Over Indian Child Custody Proceedings

Summary

Tribes have the sole authority over child custody cases for an Indian child who lives or has a home on the tribe’s reservation, unless federal law gives the state that power. If a child is already a ward of a tribal court, the tribe keeps that sole authority even if the child lives off the reservation. If a state court is handling foster care or a termination of parental rights for an Indian child who does not live on the reservation, the court must move the case to the tribe’s court unless there is a good reason not to or a parent objects. A parent, the child’s Indian custodian, or the tribe can ask for the transfer, and the tribe’s court may refuse the case. The child’s Indian custodian and the tribe can also join the state case at any time. The United States, all states, territories, and tribes must recognize and honor tribal laws, records, and court decisions in Indian child custody matters just as they do for other governments.