GENERAL PROVISIONS

• § 23.101 - What is the purpose of this subpart?

• § 23.102 - What terms do I need to know?

• § 23.103 - When does ICWA apply?

• § 23.104 - What provisions of this subpart apply to each type of child-custody proceeding?

• § 23.105 - How do I contact a Tribe under the regulations in this subpart?

• § 23.106 - How does this subpart interact with State and Federal laws?

PRETRIAL REQUIREMENTS

• § 23.107 - How should a State court determine if there is reason to know the child is an Indian child?

• § 23.108 - Who makes the determination as to whether a child is a member, whether a child is eligible for membership, or whether a biological parent is a member of a Tribe?

• § 23.109 - How should a State court determine an Indian child's Tribe when the child may be a member or eligible for membership in more than one Tribe?

• § 23.110 - When must a State court dismiss an action?

• § 23.111 - What are the notice requirements for a child-custody proceeding involving an Indian child?

• § 23.112 - What time limits and extensions apply?

• § 23.113 - What are the standards for emergency proceedings involving an Indian child?

• § 23.114 - What are the requirements for determining improper removal?

PETITIONS TO TRANSFER TO TRIBAL COURT

• § 23.115 - How are petitions for transfer of a proceeding made?

• § 23.116 - What happens after a petition for transfer is made?

• § 23.117 - What are the criteria for ruling on transfer petitions?

• § 23.118 - How is a determination of “good cause” to deny transfer made?

• § 23.119 - What happens after a petition for transfer is granted?

ADJUDICATION OF INVOLUNTARY PROCEEDINGS

• § 23.120 - How does the State court ensure that active efforts have been made?

• § 23.121 - What are the applicable standards of evidence?

• § 23.122 - Who may serve as a qualified expert witness?

• § 23.123 - [Reserved]

VOLUNTARY PROCEEDINGS

• § 23.124 - What actions must a State court undertake in voluntary proceedings?

• § 23.125 - How is consent obtained?

• § 23.126 - What information must a consent document contain?

• § 23.127 - How is withdrawal of consent to a foster-care placement achieved?

• § 23.128 - How is withdrawal of consent to a termination of parental rights or adoption achieved?

DISPOSITIONS

• § 23.129 - When do the placement preferences apply?

• § 23.130 - What placement preferences apply in adoptive placements?

• § 23.131 - What placement preferences apply in foster-care or preadoptive placements?

• § 23.132 - How is a determination of “good cause” to depart from the placement preferences made?

ACCESS

• § 23.133 - Should courts allow participation by alternative methods?

• § 23.134 - Who has access to reports and records during a proceeding?

• § 23.135 - [Reserved]

POST-TRIAL RIGHTS & RESPONSIBILITIES

• § 23.136 - What are the requirements for vacating an adoption based on consent having been obtained through fraud or duress?

• § 23.137 - Who can petition to invalidate an action for certain ICWA violations?

• § 23.138 - What are the rights to information about adoptees' Tribal affiliations?

• § 23.139 - Must notice be given of a change in an adopted Indian child's status?

RECORDKEEPING

• § 23.140 - What information must States furnish to the Bureau of Indian Affairs?

• § 23.141 - What records must the State maintain?

• § 23.142 - How does the Paperwork Reduction Act affect this subpart?

EFFECTIVE DATE

• § 23.143 - How does this subpart apply to pending proceedings?

SEVERABILITY

• § 23.144 - What happens if some portion of this part is held to be invalid by a court of competent jurisdiction?