Minn. Juve. Prot. P. 31.03
Upon receiving an order transferring a juvenile protection matter to tribal court, the court administrator shall file the order and serve it on all parties, participants, the Indian child's parents, and the Indian child according to the requirements of Rule 9. The court administrator shall forward a certified copy of the complete court file personally, by U.S. mail, through the E-Filing System, by e-mail or other electronic means agreed upon in writing by the tribal court official, as otherwise directed by the transferor court, or any other means calculated to ensure timely receipt of the file by the tribal court.
Minn. Juve. Prot. P. 31.03
2019 Advisory Committee Comment
"Tribe," "Tribal Court," and "Tribal Social Services." Throughout the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901-1963, the phrases "tribe," "tribal court," and "tribal social services" are used. In an effort to remain consistent with ICWA, Rule 31 mirrors the use of those phrases.
Exclusive Jurisdiction. With respect to exclusive jurisdiction, ICWA provides:
"An Indian tribe shall have jurisdiction exclusive as to any State over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except where such jurisdiction is otherwise vested in the State by existing Federal law. Where an Indian child is a ward of a tribal court, the Indian tribe shall retain exclusive jurisdiction, notwithstanding the residence or domicile of the child."
25 U.S.C. § 1911(a). The language in the Minnesota Indian Family Preservation Act (MIFPA), Minn. Stat. § 260.771, subd. 1, is nearly identical. For a full discussion of "domicile" under ICWA, see Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989).
Tribe's Method of Communicating Exercise of Jurisdiction. Rule 31.01, subd. 7(c), provides "[t] he district court may accept and rely on any reasonable form of communication indicating the tribe has exercised jurisdiction over the juvenile protection matter." The information received may be in a written order or letter, a telephone call, a faxed or emailed message, a copy of a hearing notice setting the matter for hearing in tribal court, or any other form of communication between the tribe and the district court judge regarding the tribe's action in regard to the district court order transferring the matter to the Indian child's tribe.
Transfer of Juvenile Protection Matter after Termination of Parental Rights. ICWA does not preclude the transfer of matters to tribal court following termination of parental rights. Rule 31.01, subd. 7(e)(5), recognizes the practice of transferring cases to the tribe after termination of parental rights and requires certain orders when such a transfer is made, inter alia, discharging the Commissioner of Human Services as the guardian for the child.
Transfer to Tribe Other Than Indian Child's Tribe. ICWA provides for the transfer of jurisdiction from State court to the "the Indian child's tribe." 25 U.S.C. § 1911. Rule 31.01, subd. 7(c), recognizes that some Indian tribes are exercising jurisdiction over child custody proceedings by designating other tribes to act on their behalf to receive the transferred case.
"Good Cause" to Deny Transfer. Consistent with ICWA, 25 U.S.C. § 1911(b), Rule 31.01, subd. 3, mandates that transfer to the Indian child's tribe must occur upon motion absent objection by a parent or a finding of "good cause to deny transfer." "Good cause to deny transfer" is not defined in ICWA, but is described in MIFPA, Minn. Stat. § 260.771, subd. 3a and in the ICWA regulations, 25 C.F.R. § 23.118.
Rule 31.02, subd. 4, regarding communication between courts includes language similar to certain provisions in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Minn. Stat. § 518D.110. Not all provisions in the "communication between courts" provisions of the UCCJEA are included in this rule because the UCCJEA is not applicable when the case is governed by ICWA. See Minn. Stat. § 518D.104(a). The purpose of requiring court-to-court communication is to facilitate expeditious return or transfer by timely and direct contact between judges. Nothing in this rule shall be construed to delay return or transfer of the matter to tribal court. Administrative matters may include schedules, calendars, court records, and similar matters. Communication may include receipt of a tribal court order.