What effect do Public Law 280 and other similar laws have on the ICWA?
Public Law 280 grants certain states concurrent jurisdiction over child custody proceedings in cases that otherwise would fall within the exclusive jurisdiction of the tribe. Public Law 280 states include: Alaska, California, Minnesota (except the Red Lake Nation), Nebraska, Oregon (except the Warm Springs Reservation), and Wisconsin (except the Menominee Reservation). Some tribes have become subject to Public Law 280 through land claim settlement and recognition acts. For example, the Passamoquoddy and Pennobscot Tribes of Maine are subject to a specific statutory provision concerning their jurisdiction over child custody proceedings arising on their respective reservations. The State of Maine has exclusive jurisdiction on those reservations until the tribes assume exclusive jurisdiction from it. 25 U.S.C. 1727. Practice Tip: Practitioners are encouraged to determine whether a specific state law or tribal statute affects the jurisdiction of the Indian tribe at issue in the particular
