Proceeding Pertaining to Indian Child Exempted From Article

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Child Custody Proceedings
  5. Uniform Child Custody Jurisdiction and Enforcement Act
  6. General Provisions
  7. Proceeding Pertaining to Indian Child Exempted From Article

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  1. A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. Section 1901 et seq., is not subject to this article to the extent that it is governed by the Indian Child Welfare Act.
  2. A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this part and Part 2 of this article.
  3. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under Part 3 of this article.

(Code 1981, §19-9-43, enacted by Ga. L. 2001, p. 129, § 1.)

Cross references.

- Legitimate American Indian tribes, § 44-12-300 et seq.

RESEARCH REFERENCES

ALR.

- Construction and application of Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C.A. §§ 1901 et seq.) upon child custody determinations, 89 A.L.R.5th 195.

Who are "qualified expert witnesses" under Indian Child Welfare Act (ICWA), 25 U.S.C.A. § 1912(e), (f) and state ICWA statutes, requiring certain testimony by such witnesses before foster care placement or termination of parental rights may be ordered, 38 A.L.R.7th Art. 1.

Uniform Child Custody Jurisdiction and Enforcement Act's Application to Tribal Courts, 45 A.L.R.7th Art. 5.


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