| Minn.
Stat. § 260.771
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260. Juveniles
Minnesota
Indian Preservation Act
260.771. Child placement
proceedings
Subdivision
1. Indian tribe jurisdiction.
An Indian tribe with a tribal court has exclusive jurisdiction over a
child placement proceeding involving an Indian child who resides within
the reservation of such tribe at the commencement of the proceedings.
When an Indian child is in the legal custody of a person or agency pursuant
to an order of a tribal court, the Indian tribe retains exclusive jurisdiction,
notwithstanding the residence or domicile of the child.
Subd.
2. Court determination of tribal affiliation of child.
In any child placement proceeding, the court shall establish whether an
Indian child is involved and the identity of the Indian child's tribe.
Subd.
3. Transfer of proceedings.
In a proceeding for the termination of parental rights or involuntary
foster care placement of an Indian child not within the jurisdiction of
subdivision 1, the court, in the absence of good cause to the contrary,
shall transfer the 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. The transfer shall be subject
to declination by the tribal court of such tribe.
Subd.
4. Effect of tribal court placement orders.
To the extent that any child subject to sections 260.755 to 260.835 is
otherwise eligible for social services, orders of a tribal court concerning
placement of such child shall have the same force and effect as orders
of a court of this state. In any case where the tribal court orders placement
through a local social services agency, the court shall provide to the
local agency notice and an opportunity to be heard regarding the placement.
Determination of county of financial responsibility for the placement
shall be determined by the local social services agency in accordance
with section 256G.02, subdivision 4. Disputes concerning
the county of financial responsibility shall be settled in the manner
prescribed in section 256G.09.
Subd.
5. Indian tribe agreements.
The commissioner is hereby authorized to enter into agreements with Indian
tribes pursuant to United States Code, title 25, section 1919, respecting
care and custody of Indian children and jurisdiction over child custody
proceedings, including agreements which may provide for orderly transfer
of jurisdiction on a case-by-case basis and agreements which provide for
concurrent jurisdiction between the state and an Indian tribe.
CREDIT(S)
Laws 1999, c. 139, art.
1, § 6.
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