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.