Tribal Law

The Indian Child Welfare Act (ICWA) applies when an “Indian child” is the subject of certain types of custody proceedings, including those involving placement of the Indian child in out-of-home care or termination of the rights of an Indian child’s parent (TPR). When applicable, ICWA requires that a proceeding comply with various requirements in addition to those required under state child welfare laws, such as requiring transfer of jurisdiction to a tribal court, preferences for specified extended family or tribal members as placement options, and additional legal findings before placing an Indian child outside the home or terminating the rights of an Indian child’s parents.

Some of the most complex issues in Indian law concern questions of jurisdiction; that is,
whether a state, federal, or tribal government has the authority to enforce a law in a given
context. This complexity arises because jurisdiction in Indian country may vary depending on
whether either the perpetrator or victim is an Indian and the location of the crime. This
information memorandum, the first in a series of three on the subject of law enforcement in
Indian country, provides background on sovereignty and jurisdiction in Indian country.