Indian child custody proceeding definition

Indian child custody proceeding means a proceeding brought by the state involving:
Indian child custody proceeding means a proceeding governed by the federal Indian Child Welfare Act,25 USC 1901 to 1963, in which any of the following may occur:
Indian child custody proceeding means a “child custody proceeding” within the meaning of Section 1903 of the Indian Child Welfare Act, including a proceeding for temporary or long-term foster care or guardianship placement, termination of parental rights, preadoptive placement after termination of parental rights, or adoptive placement. “Indian child custody proceeding” does not include a voluntary foster care or guardianship placement if the parent or Indian custodian retains the right to have the child returned upon demand.

Examples of Indian child custody proceeding in a sentence

  • A Tribe’s members may live far from the Tribal reservation or headquarters and the Indian child’s Tribe may not necessarily be located near the State court Indian child custody proceeding.

  • Allowing alternative methods of participation in a court proceeding can help alleviate that burden.Another barrier to Tribal participation in State court proceedings is that the Tribe may not have an attorney licensed to practice law in the State in which the Indian child custody proceeding is being held.

  • The non-operational result, registered a profit of MM$24,692 during 4Q17, increasing significantly from the loss of MM$2,555 registered in the same quarter of the previous year.

  • An Indian child’s Indian custodian or tribe may intervene at any point in an Indian child custody proceeding under this chapter involving an out−of−home care placement of, termination of parental rights to, or delegation of powers, as described in sub.

  • The Indian child's tribe and Indian custodian have the right to intervene at any point in an Indian child custody proceeding.

  • In an Indian child custody proceeding, the court shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe applicable to the proceeding to the same extent that such entities give full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity.

  • When an agency is involved in the Indian child custody proceeding, active efforts must include assisting the parent or parents or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan.

  • The ICWA requires the testimony of a qualified expert witness when recommending foster care placement or termination of parental rights in an Indian child custody proceeding.

  • For example, a parent may request a transfer to tribal court during the first proceeding for foster placement and/or at a proceeding to determine whether to continue foster placement, and/or at a later proceeding, for example at a hearing for termination of parental rights.(c) The right to request a transfer is available at any stage of an Indian child custody proceeding, including during any period of emergency removal.

  • The purpose of the ICWA Designated Tribal Agents list is to provide contact information of the person(s) authorized by a Tribe for service of notice of an Indian child custody proceeding, or in any case where a party is seeking to place an Indian child in foster care or to terminate parental rights.


More Definitions of Indian child custody proceeding

Indian child custody proceeding means a “child custody proceeding” within the meaning of Section 1903 of the Indian Child Welfare Act, including a voluntary or involuntary proceeding that may result in an Indian child's temporary or long-term foster care or guardianship placement if the parent or Indian custodian cannot have the child returned upon demand, termination of parental rights, or adoptive
Indian child custody proceeding means a hearing during a juvenile court proceeding brought under this code, or a proceeding under the Probate Code or the Family Code, involving an Indian child, other than an emergency proceeding under Section 319, that may culminate in one of the following outcomes:
Indian child custody proceeding means a “child custody proceeding” within the meaning of Section 1903 of the Indian Child Welfare Act, including a voluntary or involuntary proceeding that may result in an Indian child’s temporary or long-term foster care or guardianship placement if the parent or Indian custodian cannot have the child returned upon demand, termination of parental rights, or adoptive placement. An “Indian child custody proceeding” does not include a proceeding under this code commenced by the parent of an Indian child to determine the custodial rights of the child’s parents, unless the proceeding involves a petition to declare an Indian child free from the custody or control of a parent or involves a grant of custody to a person or persons other than a parent, over the objection of a parent.
Indian child custody proceeding means a proceeding, other than an emergency

Related to Indian child custody proceeding

  • Testacy proceeding means a proceeding to establish a will or determine intestacy.

  • Disciplinary proceeding means any proceeding under the authority of each board pursuant to which licensee discipline may be imposed.

  • Criminal proceeding means a proceeding instituted by means of the swearing of an information, the laying of a charge or the return of an indictment, before a Court of competent jurisdiction in Canada with jurisdiction to hear and determine the charges referred to therein, alleging or charging that the "Insured" has contravened the provisions of any Provincial or Federal statute, including the Criminal Code, R.S.C. 1985 ch. C-46 as amended, which creates an offence or crime and which provides for conviction thereunder, whether by way of summary conviction or indictment, and as a result of which the "Insured" is liable to be convicted, fined or sentenced to some form of imprisonment or other punishment.

  • Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

  • criminal proceedings means criminal proceedings in relation to which the strict rules of evidence apply;

  • Protective proceeding means a proceeding under the provisions of part 4 of article V.

  • Criminal street gang-related offense means any felony or