U.S. Code of Federal Regulations

Regulations most recently checked for updates: Sep 01, 2025

All TitlesTitle 25Chapter IPart 23Subpart I - Subpart I—Indian Child Welfare Act Proceedings

GENERAL PROVISIONS
§ 23.101 - What is the purpose of this subpart?
§ 23.102 - What terms do I need to know?
§ 23.103 - When does ICWA apply?
§ 23.104 - What provisions of this subpart apply to each type of child-custody proceeding?
§ 23.105 - How do I contact a Tribe under the regulations in this subpart?
§ 23.106 - How does this subpart interact with State and Federal laws?

PRETRIAL REQUIREMENTS
§ 23.107 - How should a State court determine if there is reason to know the child is an Indian child?
§ 23.108 - Who makes the determination as to whether a child is a member, whether a child is eligible for membership, or whether a biological parent is a member of a Tribe?
§ 23.109 - How should a State court determine an Indian child's Tribe when the child may be a member or eligible for membership in more than one Tribe?
§ 23.110 - When must a State court dismiss an action?
§ 23.111 - What are the notice requirements for a child-custody proceeding involving an Indian child?
§ 23.112 - What time limits and extensions apply?
§ 23.113 - What are the standards for emergency proceedings involving an Indian child?
§ 23.114 - What are the requirements for determining improper removal?

PETITIONS TO TRANSFER TO TRIBAL COURT
§ 23.115 - How are petitions for transfer of a proceeding made?
§ 23.116 - What happens after a petition for transfer is made?
§ 23.117 - What are the criteria for ruling on transfer petitions?
§ 23.118 - How is a determination of “good cause” to deny transfer made?
§ 23.119 - What happens after a petition for transfer is granted?

ADJUDICATION OF INVOLUNTARY PROCEEDINGS
§ 23.120 - How does the State court ensure that active efforts have been made?
§ 23.121 - What are the applicable standards of evidence?
§ 23.122 - Who may serve as a qualified expert witness?
§ 23.123 - [Reserved]

VOLUNTARY PROCEEDINGS
§ 23.124 - What actions must a State court undertake in voluntary proceedings?
§ 23.125 - How is consent obtained?
§ 23.126 - What information must a consent document contain?
§ 23.127 - How is withdrawal of consent to a foster-care placement achieved?
§ 23.128 - How is withdrawal of consent to a termination of parental rights or adoption achieved?

DISPOSITIONS
§ 23.129 - When do the placement preferences apply?
§ 23.130 - What placement preferences apply in adoptive placements?
§ 23.131 - What placement preferences apply in foster-care or preadoptive placements?
§ 23.132 - How is a determination of “good cause” to depart from the placement preferences made?

ACCESS
§ 23.133 - Should courts allow participation by alternative methods?
§ 23.134 - Who has access to reports and records during a proceeding?
§ 23.135 - [Reserved]

POST-TRIAL RIGHTS & RESPONSIBILITIES
§ 23.136 - What are the requirements for vacating an adoption based on consent having been obtained through fraud or duress?
§ 23.137 - Who can petition to invalidate an action for certain ICWA violations?
§ 23.138 - What are the rights to information about adoptees' Tribal affiliations?
§ 23.139 - Must notice be given of a change in an adopted Indian child's status?

RECORDKEEPING
§ 23.140 - What information must States furnish to the Bureau of Indian Affairs?
§ 23.141 - What records must the State maintain?
§ 23.142 - How does the Paperwork Reduction Act affect this subpart?

EFFECTIVE DATE
§ 23.143 - How does this subpart apply to pending proceedings?

SEVERABILITY
§ 23.144 - What happens if some portion of this part is held to be invalid by a court of competent jurisdiction?
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