25 C.F.R. § 23.137

Current through September 30, 2024
Section 23.137 - Who can petition to invalidate an action for certain ICWA violations?
(a) Any of the following may petition any court of competent jurisdiction to invalidate an action for foster-care placement or termination of parental rights under state law where it is alleged that 25 U.S.C. 1911 , 1912 , or 1913 has been violated:
(1) An Indian child who is or was the subject of any action for foster-care placement or termination of parental rights;
(2) A parent or Indian custodian from whose custody such child was removed; and
(3) The Indian child's Tribe.
(b) Upon a showing that an action for foster-care placement or termination of parental rights violated any provision of 25 U.S.C. 1911 , 1912 , or 1913 , the court must determine whether it is appropriate to invalidate the action.
(c) To petition for invalidation, there is no requirement that the petitioner's rights under ICWA were violated; rather, a petitioner may challenge the action based on any violations of 25 U.S.C. 1911 , 1912 , or 1913 during the course of the child-custody proceeding.

25 C.F.R. §23.137

81 FR 38867, 12/12/2016