Ill. Admin. Code tit. 89, § 307.8

WEST'S ILLINOIS ADMINISTRATIVE CODE

TITLE 89: SOCIAL SERVICES

CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES

SUBCHAPTER A: SERVICE DELIVERY

PART 307. INDIAN CHILD WELFARE SERVICES

 


307.8 Transfer of Jurisdiction


a) When removal of an Indian child from the custody of his parent or Indian custodian is contemplated, or when parental rights to any Indian child may be terminated, the child's tribe(s) has the option to request transfer of jurisdiction to the tribal court.


b) In the event that clear cut jurisdiction cannot be established because of multiple tribal claims of right, the Department shall refrain from involving itself in the intertribal dispute unless specifically requested by the tribes to aid in the resolution of the jurisdictional contest.


c) The State Court must transfer such proceedings to the tribe unless it determines there is good cause to the contrary. However, objection by either parent shall act as an absolute bar to such transfer. When the State Court does not find a good cause to bar a transfer to the tribal court, the Department shall transfer the case immediately upon receipt of the State Court order to transfer the case.

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map