2002 Minnesota Statutes

     260.771 Child placement proceedings. 

    Subdivision 1.    Indian tribe jurisdiction.  An Indian 
 tribe with a tribal court has exclusive jurisdiction over a 
 child placement proceeding involving an Indian child who resides 
 within the reservation of such tribe at the commencement of the 
 proceedings.  When an Indian child is in the legal custody of a 
 person or agency pursuant to an order of a tribal court, the 
 Indian tribe retains exclusive jurisdiction, notwithstanding the 
 residence or domicile of the child.  

    Subd. 2.    Court determination of tribal affiliation of 
 child.  In any child placement proceeding, the court shall 
 establish whether an Indian child is involved and the identity 
 of the Indian child's tribe.  

    Subd. 3.    Transfer of proceedings.  In a proceeding 
 for the termination of parental rights or involuntary foster 
 care placement of an Indian child not within the jurisdiction of 
 subdivision 1, the court, in the absence of good cause to the 
 contrary, shall transfer the proceeding to the jurisdiction of 
 the tribe absent objection by either parent, upon the petition 
 of either parent or the Indian custodian or the Indian child's 
 tribe.  The transfer shall be subject to declination by the 
 tribal court of such tribe.  

    Subd. 4.    Effect of tribal court placement orders.  To 
 the extent that any child subject to sections 260.755 to 260.835 
 is otherwise eligible for social services, orders of a tribal 
 court concerning placement of such child shall have the same 
 force and effect as orders of a court of this state.  In any 
 case where the tribal court orders placement through a local 
 social services agency, the court shall provide to the local 
 agency notice and an opportunity to be heard regarding the 
 placement.  Determination of county of financial responsibility 
 for the placement shall be determined by the local social 
 services agency in accordance with section 256G.02, subdivision 
 4.  Disputes concerning the county of financial responsibility 
 shall be settled in the manner prescribed in section 256G.09.  

    Subd. 5.    Indian tribe agreements.  The commissioner 
 is hereby authorized to enter into agreements with Indian tribes 
 pursuant to United States Code, title 25, section 1919, 
 respecting care and custody of Indian children and jurisdiction 
 over child custody proceedings, including agreements which may 
 provide for orderly transfer of jurisdiction on a case-by-case 
 basis and agreements which provide for concurrent jurisdiction 
 between the state and an Indian tribe.  

    HIST: 1999 c 139 art 1 s 6