260.771 CHILD PLACEMENT PROCEEDINGS.
Subdivision 1. Indian tribe jurisdiction.
An Indian tribe has exclusive jurisdiction over
a child placement proceeding involving an Indian child who resides or is domiciled within the
reservation of the tribe, except where jurisdiction is otherwise vested in the state by existing
federal law. When an Indian child is a ward of the 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. This chapter and the federal Indian Child Welfare Act are applicable without
exception in any child custody proceeding, as defined in the federal act, involving an Indian child.
This chapter applies to child custody proceedings involving an Indian child whether the child is
in the physical or legal custody of an Indian parent, Indian custodian, Indian extended family
member, or other person at the commencement of the proceedings. A court shall not determine the
applicability of this chapter or the federal Indian Child Welfare Act to a child custody proceeding
based upon whether an Indian child is part of an existing Indian family or based upon the level of
contact a child has with the child's Indian tribe, reservation, society, or off-reservation community.
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
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
. Disputes concerning the county of financial responsibility shall be settled in the manner
prescribed in section
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.
History: 1999 c 139 art 1 s 6; 2007 c 147 art 1 s 12,13