§ 1727. — Implementation of Indian Child Welfare Act.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1727]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER II--MAINE INDIAN CLAIMS SETTLEMENT
Sec. 1727. Implementation of Indian Child Welfare Act
(a) Petition for assumption of exclusive jurisdiction; approval by
Secretary
The Passamaquoddy Tribe or the Penobscot Nation may assume exclusive
jurisdiction over Indian child custody proceedings pursuant to the
Indian Child Welfare Act of 1978 (92 Stat. 3069) [25 U.S.C. 1901 et
seq.]. Before the respective tribe or nation may assume such
jurisdiction over Indian child custody proceedings, the respective tribe
or nation shall present to the Secretary for approval a petition to
assume such jurisdiction and the Secretary shall approve that petition
in the manner prescribed by sections 108(a)-(c) of said Act [25 U.S.C.
1918(a)-(c)].
(b) Consideration and determination of petition by Secretary
Any petition to assume jurisdiction over Indian child custody
proceedings by the Passamaquoddy Tribe or the Penobscot Nation shall be
considered and determined by the Secretary in accordance with sections
108(b) and (c) of the Act [25 U.S.C. 1918(b) and (c)].
(c) Actions or proceedings within existing jurisdiction unaffected
Assumption or jurisdiction under this section shall not affect any
action or proceeding over which a court has already assumed
jurisdiction.
(d) Reservations within section 1903(10) of this title
For the purposes of this section, the Passamaquoddy Indian
Reservation and the Penobscot Indian Reservation are ``reservations''
within section 4(10) of the Act [25 U.S.C. 1903(10)].
(e) Indian tribe within section 1903(8) of this title; State
jurisdiction over child welfare unaffected
For the purposes of this section, the Houlton Band of Maliseet
Indians is an ``Indian tribe'' within section 4(8) of the Act [25 U.S.C.
1903(8)], provided, that nothing in this subsection shall alter or
effect the jurisdiction of the State of Maine over child welfare matters
as provided in section 1725(e)(2) of this title.
(f) Assumption determinative of exclusive jurisdiction
Until the Passamaquoddy Tribe or the Penobscot Nation has assumed
exclusive jurisdiction over the Indian child custody proceedings
pursuant to this section, the State of Maine shall have exclusive
jurisdiction over Indian child custody proceedings of that tribe or
nation.
(Pub. L. 96-420, Sec. 8, Oct. 10, 1980, 94 Stat. 1795.)
References in Text
The Indian Child Welfare Act of 1978 (92 Stat. 3069), referred to in
subsec. (a), is Pub. L. 95-608, Nov. 8, 1978, 92 Stat. 3069, as amended,
which is classified principally to chapter 21 (Sec. 1901 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 1901 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 1725 of this title.
