{"data":{"id":"us/25-cfr-23.110","jurisdiction":"us","citation":"25 CFR 23.110","heading":"When must a State court dismiss an action?","body":"Subject to 25 U.S.C. 1919 (Agreements between States and Indian Tribes) and § 23.113 (emergency proceedings), the following limitations on a State court's jurisdiction apply:\n(a) The court in any voluntary or involuntary child-custody proceeding involving an Indian child must determine the residence and domicile of the Indian child. If either the residence or domicile is on a reservation where the Tribe exercises exclusive jurisdiction over child-custody proceedings, the State court must expeditiously notify the Tribal court of the pending dismissal based on the Tribe's exclusive jurisdiction, dismiss the State-court child-custody proceeding, and ensure that the Tribal court is sent all information regarding the Indian child-custody proceeding, including, but not limited to, the pleadings and any court record.\n(b) If the child is a ward of a Tribal court, the State court must expeditiously notify the Tribal court of the pending dismissal, dismiss the State-court child-custody proceeding, and ensure that the Tribal court is sent all information regarding the Indian child-custody proceeding, including, but not limited to, the pleadings and any court record.","path":["Title 25—Indians","CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR","SUBCHAPTER D—HUMAN SERVICES","PART 23—INDIAN CHILD WELFARE ACT","Subpart I—Indian Child Welfare Act Proceedings"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-25.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:59Z","sha256":"257d081cb7aaf8bac0a055f6404a8af5155e8091a1977f17eee29d2fa7f5712c","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-23.109","next":"us/25-cfr-23.111"},"notice":"GroundRules: Original legal text. Not legal advice."}