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232b-4
232B.4 APPLICATION OF CHAPTER -- DETERMINATION OF
INDIAN STATUS.
1. This chapter applies to child custody proceedings involving an
Indian child whether the child is in the physical or legal custody of
an Indian parent, Indian custodian, or an Indian extended family
member or another person at the commencement of the proceedings or
whether the child has resided or domiciled on or off an Indian
reservation.
2. The court shall require a party seeking the foster care
placement of, termination of parental rights over, or the adoption
of, an Indian child to seek to determine whether the child is an
Indian child through contact with any Indian tribe in which the child
may be a member or eligible for membership, the child's parent, any
person who has custody of the child or with whom the child resides,
and any other person that reasonably can be expected to have
information regarding the child's possible membership or eligibility
for membership in an Indian tribe, including but not limited to the
United States department of the interior.
3. A written determination by an Indian tribe that a child is a
member of or eligible for membership in that tribe, or testimony
attesting to such status by a person authorized by the tribe to
provide that determination, shall be conclusive. A written
determination by an Indian tribe, or testimony by a person authorized
by the tribe to provide that determination or testimony, that a child
is not a member of or eligible for membership in that tribe shall be
conclusive as to that tribe. If an Indian tribe does not provide
evidence of the child's status as an Indian child, the court shall
determine the child's status.
4. The determination of the Indian status of a child shall be
made as soon as practicable in order to serve the best interest of
the child and to ensure compliance with the notice requirements of
this chapter. Section History: Recent Form
2003 Acts, ch 153, §5
