Maine § 22 §3951 Improper removal of Indian child from custody; declination of jurisdiction; forthwith return of Indian child; danger exception

Maine Statutes

§ 22 §3951 — Improper removal of Indian child from custody; declination of jurisdiction; forthwith return of Indian child; danger exception

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

When a petitioner in an Indian child custody proceeding before a state court has improperly removed the Indian child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall forthwith return the Indian child to the child's parent or Indian custodian unless returning the Indian child to the child's parent or Indian custodian would subject the Indian child to a substantial and immediate danger or threat of such danger.

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When a petitioner in an Indian child custody proceeding before a state court has improperly removed the Indian child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall forthwith return the Indian child to the child's parent or Indian custodian unless returning the Indian child to the child's parent or Indian custodian would subject the Indian child to a substantial and immediate danger or threat of such danger.

Maine § 22 §3951 (Improper removal of Indian child from custody; declination of jurisdiction; forthwith return of Indian child; danger exception) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.