| Ill.
Admin. Code tit. 89, § 307.8
WEST'S
ILLINOIS ADMINISTRATIVE CODE
TITLE
89: SOCIAL SERVICES
CHAPTER
III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER
A: SERVICE DELIVERY
PART
307. INDIAN CHILD WELFARE SERVICES
307.8 Transfer of Jurisdiction
a) When removal of an
Indian child from the custody of his parent or Indian custodian is contemplated,
or when parental rights to any Indian child may be terminated, the child's
tribe(s) has the option to request transfer of jurisdiction to the tribal
court.
b) In the event that
clear cut jurisdiction cannot be established because of multiple tribal
claims of right, the Department shall refrain from involving itself in
the intertribal dispute unless specifically requested by the tribes to
aid in the resolution of the jurisdictional contest.
c) The State Court must transfer such proceedings to the tribe unless
it determines there is good cause to the contrary. However, objection
by either parent shall act as an absolute bar to such transfer. When the
State Court does not find a good cause to bar a transfer to the tribal
court, the Department shall transfer the case immediately upon receipt
of the State Court order to transfer the case.
|