Maine § 22 §3944 Jurisdiction over Indian child custody proceedings

Maine Statutes

§ 22 §3944 — Jurisdiction over Indian child custody proceedings

Maine·Title 22 HEALTH AND WELFARE·Part 3 CHILDREN·Ch. 1066 MAINE INDIAN CHILD WELFARE ACT

1.Exclusive jurisdiction. An Indian tribe has jurisdiction exclusive as to the courts of the State over any Indian child custody proceeding or emergency proceeding held in this State involving an Indian child who resides or is domiciled within the reservation of that Indian tribe, except when the jurisdiction is otherwise vested in this State by federal law. When an Indian child is a ward of a tribal court, the Indian tribe retains exclusive jurisdiction, notwithstanding the residence or domicile of the child. Except as provided in section 3953, any Indian child custody proceeding or emergency proceeding in District Court or Probate Court that is within the exclusive jurisdiction of an Indian tribe must be dismissed. The court shall expeditiously notify the tribal court of the pending dis

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1.
Exclusive jurisdiction.
An Indian tribe has jurisdiction exclusive as to the courts of the State over any Indian child custody proceeding or emergency proceeding held in this State involving an Indian child who resides or is domiciled within the reservation of that Indian tribe, except when the jurisdiction is otherwise vested in this State by federal law. When an Indian child is a ward of a tribal court, the Indian tribe retains exclusive jurisdiction, notwithstanding the residence or domicile of the child. Except as provided in section 3953, any Indian child custody proceeding or emergency proceeding in District Court or Probate Court that is within the exclusive jurisdiction of an Indian tribe must be dismissed. The court shall expeditiously notify the tribal court of the pending dismissal based on the tribe's exclusive jurisdiction and ensure that the tribal court is sent all information regarding the proceeding, including but not limited to the pleadings and any court record.
2.
Transfer of proceedings; declination by tribal court.
In any proceeding for the foster care placement of, or termination of parental rights to, an Indian child who is not domiciled or residing within the reservation of the Indian child's tribe, the District Court or Probate Court shall, upon the petition of the Indian child's parent, Indian custodian or tribe, promptly notify the tribal court of the transfer petition and transfer the proceeding to the jurisdiction of the Indian child's tribe unless any of the following applies:
3.
Intervention.
An Indian child's Indian custodian or tribe may intervene in any proceeding for the foster care placement of, or termination of parental rights to, an Indian child at any point in the proceeding.
4.
Full faith and credit.
The State shall give full faith and credit to the public acts, records and judicial proceedings of any Indian tribe that are applicable to an Indian child custody proceeding to the same extent that the State gives full faith and credit to the public acts, records and judicial proceedings of any other governmental entity.

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