Rule 15.24 Indian Child
Chapter XV: Adoptions
Rule Text
(a) Inquiry.
(1) At the commencement of the initial proceeding to terminate parental rights or to adopt, the court shall inquire as to the efforts made by the petitioner to determine whether the child is an Indian child and whether any participant has reason to know the child is an Indian child. All responses shall be placed on the record.
(2) The court shall advise the participants of their obligation to report to the court if they subsequently receive information that provides a reason to know the child is an Indian child.
(b) Finding of Court. The court shall make a finding as to whether there is reason to know the child is an Indian child.
(c) Additional Requirements.
(1) If the court finds there is reason to know the child is an Indian child, but lacks sufficient evidence to determine whether the child is an Indian child, the court shall confirm due diligence has been used to make such determination, and the court shall treat the child as an Indian child until it can determine, from the record, that the child does not meet the definition of an Indian child.
(2) If the court has sufficient evidence to conclude the child is an Indian child, then the notification and rights under the Indian Child Welfare Act shall apply.
Amendment history: The provisions of this Rule 15.24 adopted July 29, 2026, effective October 1, 2026, 56 Pa.B. 5385.