§ 207.59 Proceedings involving custody of Native American child

When a court case involves deciding who will have custody of a child, the person filing the petition must state whether the child is a Native American child covered by the Indian Child Welfare Act of 1978. This is a federal law that gives extra protections to Native American children and their families in custody cases.

If the child is covered by this law, the court must follow the specific rules and procedures the law requires. This might include notifying the child's tribe, giving tribal courts a chance to get involved, or following special standards before placing the child outside their family or tribe. The goal is to protect Native American families and tribes from losing children to outside placement without proper notice and legal safeguards.

If you are involved in a custody case and believe the child may qualify as a Native American child under this law, it's important to raise this early. It can affect how the case moves forward and what rights you or the tribe may have in the process.