How does an Indian childs domicile or residency affect a state courts jurisdiction in regards to emergency removal proceedings?
Generally, tribes retain exclusive jurisdiction over child custody matters when the Indian child resides or is domiciled on an Indian reservation. 25 U.S.C. 1911(a). There may be times, however, when an Indian child is temporarily located off the reservation and in danger. Because the Tribe may not have immediate physical contact with the child a state may act to protect the child and 1922 provides for that eventuality by allowing the state to assert temporary jurisdiction. See also FAQ 2, Jurisdiction.
Related Questions
- Can a state court exercise emergency removal jurisdiction over an Indian child who is domiciled on or resident of a reservation, while the child is on the reservation?
- How does an Indian childs domicile or residency affect a state courts jurisdiction in regards to emergency removal proceedings?
- What state courts have civil jurisdiction within Indian Country?
