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Pennsylvania · Through 2026-07-29 (Statute Update stamp, 23 Pa.C.S.)

23 Pa.C.S. § 5404: Application to Native American tribes.

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Where this section sits in the code
  1. Title 23 - DOMESTIC RELATIONS
  2. PART VI CHILDREN AND MINORS
  3. CHAPTER 54 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT
  4. SUBCHAPTER A GENERAL PROVISIONS

(a) Primacy of Indian Child Welfare Act.--A child custody proceeding that pertains to a Native American child as defined in the Indian Child Welfare Act of 1978 (Public Law 95-608, 25 U.S.C. § 1901 et seq.) is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act of 1978.

(b) Tribe treated as state.--A court of this Commonwealth shall treat a tribe as if it were a state of the United States for the purpose of applying Subchapter B (relating to jurisdiction) and this subchapter.

(c) Tribal custody determinations.--A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Subchapter C (relating to enforcement).

Collected 2026-09-02T16:31:43Z. Source file · JSON

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