Ill. Admin. Code tit. 89 § 307.30

Current through Register Vol. 48, No. 50, December 13, 2024

Section 307.30 - Transfer of Jurisdiction

a) When removal of an Indian child from the custody of his or her parent or Indian custodian is contemplated, or when parental rights to an Indian child may be terminated, the child's tribe has the option to request transfer of jurisdiction to the tribal court.

b) In the event that a single tribe's jurisdiction cannot be established because of multiple tribal claims of right, the Department shall not participate in the intertribal jurisdictional dispute unless specifically requested by the tribes to aid in the resolution of the jurisdictional conflict.

c) Absent good cause to the contrary, the State court must transfer proceedings to the tribal court. However, objection by either parent shall act as an absolute bar to such transfer.

d) When the State court transfers the proceedings to the tribal court, the Department shall transfer custody or guardianship of the Indian child as directed by the State or tribal court.

Ill. Admin. Code tit. 89, § 307.30