Page:United States Statutes at Large Volume 92 Part 3.djvu/439

 PUBLIC LAW 95-608—NOV. 8, 1978

92 STAT. 3071

(11) "Secretary" means the Secretary of the Interior; and (12) "tribal court" means a court with jurisdiction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings. TITLE I—CHILD CUSTODY PROCEEDINGS SEC. 101. (a) An Indian tribe shall have jurisdiction exclusive as to Indian tribes, any State over any child custody proceeding involving an Indian child exclusive who resides or is domiciled within the reservation of such tribe, except jurisdiction over where such jurisdiction is otherwise vested in the State by existing Indian child Federal law. Where an Indian child is a ward of a tribal court, the custody proceedings. Indian tribe shall retain exclusive jurisdiction, notwithstanding the 25 USC 1911. residence or domicile of the child. (b) In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe: Provided, That such transfer shall be subject to declination by the tribal court of such tribe. (c) In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child, the Indian custodian of the child and the Indian child's tribe shall have a right to intervene at any point in the proceeding. (d) The United States, every State, every territory or possession of the United States, and every Indian tribe shall give full faith and credit to the public acts, records, and judicial proceedings of any Indian tribe applicable to Indian child custody proceedings to the same extent that such entities give full faith and credit to the public acts, records, and judicial proceedings of any other entity. SEC. 102. (a) In any involuntary proceeding in a State court, where Foster care the court knows or has reason to know that an Indian child is involved, placement, court the party seeking the foster care placement of, or termination of proceedings. parental rights to, an Indian child shall notify the parent or Indian 25 USC 1912. custodian and the Indian child's tribe, by registered mail with return receipt requested, of the pending proceedings and of their right of intervention. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, such notice shall be given to the Secretary in like manner, who shall have fifteen days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. No foster care placement or termination of parental rights proceeding shall be held until at least ten days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary: Provided, That the parent or Indian custodian or the tribe shall, upon request, be granted up to twenty additional days to prepare for such proceeding. (b) In any case in which the court determines indigency, the parent or Indian custodian shall have the right to court-appointed counsel in any removal, placement, or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that such appointment is in the best interest of the child. Where State law makes no provision for appointment of counsel in such proceedings, the court

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