§ 202.68 Proceedings involving custody of an Indian child

If a court is deciding who gets custody of a child, and there's reason to think the child might be an Indian child under federal law, the court has to check on that first. This means confirming whether the child qualifies as an Indian child under the Indian Child Welfare Act, a federal law from 1978 that sets special rules for these cases.

Once the court confirms the child's status, it has to follow the specific steps and protections laid out in that federal law. This law exists because Indian children and families have unique legal protections when it comes to custody cases, including rules about who must be notified and what standards apply before a child can be removed from their family or tribe.

In short, the court can't just move forward with a regular custody case if there's a possibility the child is covered by this law. It has to pause, check the facts, and then handle the case the right way under those special federal rules.