The Honorable Jose Izquierdo

The Indian Child Welfare Act (ICWA), 25 U.S.C. §1911, provides for transfer of jurisdiction of state court cases involving an Indian child to that child’s tribal court. Specifically, ICWA provides that “In any State court proceedings 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…” Read More