25 CFR Part 23
PART 23—INDIAN CHILD WELFARE ACT
- PART 23—INDIAN CHILD WELFARE ACT
- Chapter I—Bureau of Indian Affairs, Department of the Interior › Subchapter D—Human Services
- Subpart A—Purpose, Definitions, and Policy
- § 23.1 Purpose.
- § 23.2 Definitions.
- § 23.3 Policy.
- § 23.4 Information collection.
- Subpart B—Notice of Involuntary Child Custody Proceedings and Payment for Appointed Counsel in State Courts
- § 23.11 Notice.
- § 23.12 Designated tribal agent for service of notice.
- § 23.13 Payment for appointed counsel in involuntary Indian child custody proceedings in state courts.
- Subpart C—Grants to Indian Tribes for Title II Indian Child and Family Service Programs
- § 23.21 Noncompetitive tribal government grants.
- § 23.22 Purpose of tribal government grants.
- § 23.23 Tribal government application contents.
- Subpart D—Grants to Off-Reservation Indian Organizations for Title II Indian Child and Family Service Programs
- § 23.31 Competitive off-reservation grant process.
- § 23.32 Purpose of off-reservation grants.
- § 23.33 Competitive off-reservation application contents and application selection criteria.
- § 23.34 Review and decision on off-reservation applications by Regional Director.
- § 23.35 Deadline for Central Office action.
- Subpart E—General and Uniform Grant Administration Provisions and Requirements
- § 23.41 Uniform grant administration provisions, requirements and applicability.
- § 23.42 Technical assistance.
- § 23.43 Authority for grant approval and execution.
- § 23.44 Grant administration and monitoring.
- § 23.45 Subgrants.
- § 23.46 Financial management, internal and external controls and other assurances.
- § 23.47 Reports and availability of information to Indians.
- § 23.48 Matching shares and agreements.
- § 23.49 Fair and uniform provision of services.
- § 23.50 Service eligibility.
- § 23.51 Grant carry-over authority.
- § 23.52 Grant suspension.
- § 23.53 Cancellation.
- Subpart F—Appeals
- § 23.61 Appeals from decision or action by Agency Superintendent, Regional Director or Grants Officer.
- § 23.62 Appeals from decision or action by Regional Director under subpart D.
- § 23.63 Appeals from inaction of official.
- Subpart G—Administrative Provisions
- § 23.71 Recordkeeping and information availability.
- Subpart H—Assistance to State Courts
- § 23.81 Assistance in identifying witnesses.
- § 23.82 Assistance in identifying language interpreters.
- § 23.83 Assistance in locating biological parents of Indian child after termination of adoption.
- Subpart I—Indian Child Welfare Act Proceedings
- 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?
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