25 C.F.R. 23.118 - How is a determination of ''good cause'' to deny transfer made?
| Cite as | 25 C.F.R. 23.118 |
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14 practice notes
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In re Shirley T., Docket: Cum-18-178
...and Agencies in Indian Child Custody Proceedings, 80 Fed. Reg. 10,146, 10,156 (Feb. 25, 2015) [hereinafter 2015 Guidelines]; see also 25 C.F.R. § 23.118 (2018). The mother and father argue that the court erred as a matter of law by basing its finding of good cause on precisely this ground, ......
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Adoption and Foster Care Analysis and Reporting System
...court. This is similar to paragraph (i)(7) as proposed in the 2016 SNPRM, except that we updated the language to be consistent with 25 CFR 23.118. Page Comment: A tribe commented that ``good cause'' findings should be made as outlined in the BIA's Guidelines and suggested that we add a data......
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In re Interest of T.F., 21-0243
...transfer could affect the placement of the child" and "any negative perception of Tribal or BIA social services or judicial systems." 25 C.F.R. § 23.118(c)(3), (5) (2021).Based on the record, the juvenile court found that it was in the children's best interests to deny transfer for several ......
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People ex rel. C.R.W., #29111, #29117
...regarding foster care placement, pre-adoptive placement, adoptive placement, and transfer hearings regarding the proceeding. See 25 C.F.R. § 23.118(b) ; See 25 C.F.R. § 23.132(c)(2). [¶38.] "There is a strong presumption against federal preemption." In re Estate of Flaws , 2016 S.D. 61, ¶ 1......
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12 cases
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In re Shirley T., Docket: Cum-18-178
...and Agencies in Indian Child Custody Proceedings, 80 Fed. Reg. 10,146, 10,156 (Feb. 25, 2015) [hereinafter 2015 Guidelines]; see also 25 C.F.R. § 23.118 (2018). The mother and father argue that the court erred as a matter of law by basing its finding of good cause on precisely this ground, ......
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In re Interest of T.F., 21-0243
...affect the placement of the child" and "any negative perception of Tribal or BIA social services or judicial systems." 25 C.F.R. § 23.118(c)(3), (5) (2021).Based on the record, the juvenile court found that it was in the children's best interests to deny transfer for several ......
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People ex rel. C.R.W., #29111, #29117
...regarding foster care placement, pre-adoptive placement, adoptive placement, and transfer hearings regarding the proceeding. See 25 C.F.R. § 23.118(b) ; See 25 C.F.R. § 23.132(c)(2). [¶38.] "There is a strong presumption against federal preemption." In re Estate of Flaws , 2016 S.......
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In re Radience K., Docket: Was-18-180
..."good cause" is neither defined nor further explicated in ICWA itself but is addressed in the Final Rule. See[208 A.3d 394 25 C.F.R. § 23.118 (2018). The Final Rule, however, does not go so far as to define or provide examples of what is good cause. Rather, the Final Rule identifi......
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1 books & journal articles
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New ICWA Regulations Promote Tribal Sovereignty and Culture for Native American Children, 0417 COBJ, Vol. 46 No. 4 Pg. 41
...half years). [70] 70 Id. [71] 71 25 CFR § 23.2. [72] 72 See 25 USC § 1911(b) and (c). [73] 73 Id. [74] 74 25 CFR § 23.115. [75] 75 25 CFR § 23.118(c)(1) to [76] 76 25 USC §§ 1911(c), 1912(c). [77] 77 See 25 USC § 1912(a). [78] 78 Id. at §§ 1912(a), 1922. [79] 79 25 ......