La. Child. Code art. 103.1

Current with operative changes from the 2024 Third Special Legislative Session

Section 103.1 - Applicability of Indian Child Welfare Act

A. The provisions of the federal Indian Child Welfare Act and the regulations promulgated thereunder supersede the Children's Code whenever the outcome of an involuntary or voluntary proceeding may result in the removal of an Indian child from a parent under circumstances in which the parent cannot have the child returned upon demand.

B. Child custody proceedings to which the federal Indian Child Welfare Act and the regulations promulgated thereunder apply include the following:

(1) A child in need of care proceeding.

(2) A certification for adoption proceeding.

(3) A family in need of services proceeding.

(4) A transfer of custody, a surrender for adoption, and any other voluntary proceeding.

La. Ch.C. § 103.1

Acts 2018, No. 296, §1.

Added by Acts 2018, No. 296,s. 1, eff. 8/1/2018.