Tribal Law

Some of the most complex issues that arise regarding interactions with tribal governments relate to the question 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 over tribal land, specifically Indian country, varies depending on the type of law at issue, the location of the underlying action, and the identity of the parties. This information memorandum summarizes the law on sovereignty and jurisdiction on tribal land in Wisconsin.

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.