What role does a tribal court play in ICWA child proceedings?
A tribal court can accept a transfer of jurisdiction over a child custody proceeding commenced in a state court upon the motion of a parent or Indian custodian or the Indian child’s tribe under the Indian Child Welfare Act. Tribal courts can also make findings in accepting a transfer of jurisdiction, such as finding the child to be a member of, or eligible for membership in the tribe, and may assist the tribe in getting a transfer of jurisdiction. For Indian children who reside or are domiciled on a reservation, tribal courts exercise exclusive jurisdiction over child custody proceedings. If an Indian child has been declared a ward of the tribal court in previous proceedings, the tribal court retains exclusive jurisdiction over child custody proceedings involving the child even if that child no longer resides on that reservation. If it is determined that the child is a ward of a tribal court, the case must be transferred to the tribal court.
