Tribal Law

2009 Wisconsin Act 94 created the Wisconsin Indian Child Welfare Act to incorporate the
provisions of the federal Indian Child Welfare Act into Wisconsin statutes. Both the federal
and Wisconsin acts apply to Indian child custody proceedings, which Wisconsin law defines as
proceedings governed by the federal Indian Child Welfare Act in which any of the following
occur: (a) an adoptive placement; (b) an out-of-home care placement; or (c) a termination of
parental rights to an Indian child. “Indian child” means an unmarried person who is
under the age of 18 years and is affiliated with an Indian tribe as: (a) a member of the Indian
tribe; or (b) a person who is eligible for membership in an Indian tribe and is the biological
child of a member of an Indian tribe. [ss. 48.02 (8g) and 48.028 (2) (d), Stats.]

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.