What is the tribe’s role in a state court proceeding?
If an Indian child is involved in a proceeding covered by the act, the act applies, whether or not the child’s tribe decides to become involved. A tribe may elect to participate in a state court proceeding in several capacities, including (1) filing a petition to transfer the case to a tribal forum, (2) exercising rights granted under the act to alter the minimum federal standards (See “What difference does it make in a case when ICWA applies?”), (3) intervening as a party at any point in an Indian child’s custody proceeding covered by the act, (4) providing evidence and testimony, and (5) providing services in certain cases when a tribe operates child and family service programs.
