25 C.F.R. · Indians
25 C.F.R. § 23.110

When must a State court dismiss an action?

Title 25 C.F.R. ● ACTIVE Primary Source
Regulatory Text

25 C.F.R. § 23.110 — When must a State court dismiss an action?

§ 23.110 When must a State court dismiss an action? Subject to 25 U.S.C. 1919 (Agreements between States and Indian Tribes) and § 23.113 (emergency proceedings), the following limitations on a State court's jurisdiction apply: (a) The court in any voluntary or involuntary child-custody proceeding involving an Indian child must determine the residence and domicile of the Indian child. If either the residence or domicile is on a reservation where the Tribe exercises exclusive jurisdiction over child-custody proceedings, the State court must expeditiously notify the Tribal court of the pending dismissal based on the Tribe's exclusive jurisdiction, dismiss the State-court child-custody proceeding, and ensure that the Tribal court is sent all information regarding the Indian child-custody proceeding, including, but not limited to, the pleadings and any court record. (b) If the child is a ward of a Tribal court, the State court must expeditiously notify the Tribal court of the pending dismissal, dismiss the State-court child-custody proceeding, and ensure that the Tribal court is sent all information regarding the Indian child-custody proceeding, including, but not limited to, the pleadings and any court record.

Source: ecfr.gov · govinfo.gov — public domain Official Source ↗
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25 C.F.R. § 23.110
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The regulatory text of 25 C.F.R. § 23.110 is reproduced from the official Code of Federal Regulations as published by the Office of the Federal Register and the National Archives and Records Administration.
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boisestandard.org United States Law CFR Title 25 25 C.F.R. § 23.110