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232b-14
232B.14 COMPLIANCE.
1. The department of human services, in consultation with Indian
tribes, shall establish standards and procedures for the department's
review of cases subject to this chapter and methods for monitoring
the department's compliance with provisions of the federal Indian
Child Welfare Act and this chapter. These standards and procedures
and the monitoring methods shall be integrated into the department's
structure and plan for the federal government's child and family
service review process and any program improvement plan resulting
from that process.
2. A court of competent jurisdiction shall vacate a court order
and remand the case for appropriate disposition for any of the
following violations of this chapter:
a. Failure to notify an Indian parent, Indian custodian, or
tribe.
b. Failure to recognize the jurisdiction of an Indian tribe.
c. Failure, without cause as specified under this chapter, to
transfer jurisdiction to an Indian tribe appropriately seeking
transfer.
d. Failure to give full faith and credit to the public acts,
records, or judicial proceedings of an Indian tribe.
e. Failure to allow intervention by an Indian custodian or
Indian tribe, or if applicable, an extended family member.
f. Failure to return the child to the child's parent or
Indian custodian when removal or placement is no longer necessary to
prevent imminent physical damage or harm.
g. Failure to provide the testimony of qualified expert
witnesses as required by this chapter.
h. Any other violation that is not harmless error, including
but not limited to a failure to comply with 25 U.S.C. § 1911, 1912,
1913, 1915, 1916, or 1917.
3. If a petitioner in an Indian child custody proceeding before a
state court has improperly removed the child from the custody of the
child's parent or Indian custodian or has improperly retained custody
after a visit or other temporary relinquishment of custody, the court
shall decline jurisdiction over the petition and shall immediately
return the child to the child's parent or Indian custodian unless
returning the child to the parent or Indian custodian would subject
the child to a substantial and immediate danger or threat of such
danger. Section History: Recent Form
2003 Acts, ch 153, §15
