§ 1911. — Indian tribe jurisdiction over Indian child custody proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1911]
TITLE 25--INDIANS
CHAPTER 21--INDIAN CHILD WELFARE
SUBCHAPTER I--CHILD CUSTODY PROCEEDINGS
Sec. 1911. Indian tribe jurisdiction over Indian child custody
proceedings
(a) Exclusive jurisdiction
An Indian tribe shall have jurisdiction exclusive as to any State
over any child custody proceeding involving an Indian child who resides
or is domiciled within the reservation of such tribe, except where such
jurisdiction is otherwise vested in the State by existing Federal law.
Where an Indian child is a ward of a tribal court, the Indian tribe
shall retain exclusive jurisdiction, notwithstanding the residence or
domicile of the child.
(b) Transfer of proceedings; declination by tribal court
In any State court proceeding for the foster care placement of, or
termination of parental rights to, an Indian child not domiciled or
residing within the reservation of the Indian child's tribe, the court,
in the absence of good cause to the contrary, shall transfer such
proceeding to the jurisdiction of the tribe, absent objection by either
parent, upon the petition of either parent or the Indian custodian or
the Indian child's tribe: Provided, That such transfer shall be subject
to declination by the tribal court of such tribe.
(c) State court proceedings; intervention
In any State court proceeding for the foster care placement of, or
termination of parental rights to, an Indian child, the Indian custodian
of the child and the Indian child's tribe shall have a right to
intervene at any point in the proceeding.
(d) Full faith and credit to public acts, records, and judicial
proceedings of Indian tribes
The United States, every State, every territory or possession of the
United States, and every Indian tribe shall give full faith and credit
to the public acts, records, and judicial proceedings of any Indian
tribe applicable to Indian child custody proceedings to the same extent
that such entities give full faith and credit to the public acts,
records, and judicial proceedings of any other entity.
(Pub. L. 95-608, title I, Sec. 101, Nov. 8, 1978, 92 Stat. 3071.)
Section Referred to in Other Sections
This section is referred to in sections 1914, 1918, 1923 of this
title.
