25 Cfr 13.11

§ 13.2

25 CFR Ch. I (4–1–09 Edition)

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pursuant to any other federal law (including any special federal law applicable only to a tribe or tribes in Oklahoma), may reassume jurisdiction over
Indian child custody proceedings as authorized by the Indian Child Welfare
Act, Pub. L. 95–608, 92 Stat. 3069, 25
U.S.C. 1918.
(b) On some reservations there are
disputes concerning whether certain
federal statutes have subjected Indian
child custody proceedings to state jurisdiction or whether any such jurisdiction conferred on a state is exclusive of
tribal jurisdiction. Tribes located on
those reservations may wish to exercise exclusive jurisdiction or other jurisdiction currently exercised by the
state without the necessity of engaging
in protracted litigation. The procedures in this part also permit such
tribes to secure unquestioned exclusive, concurrent or partial jurisdiction
over Indian child custody matters
without relinquishing their claim that
no Federal statute had ever deprived
them of that jurisdiction.
(c) Some tribes may wish to join together in a consortium to establish a
single entity that will exercise jurisdiction over all their members located
on the reservations of tribes participating in the consortium. These regulations also provide a procedure by
which tribes may reassume jurisdiction
through such a consortium.
(d) These regulations also provide for
limited reassumptions including jurisdiction restricted to cases transferred
from state courts under 25 U.S.C.
1911(b) and jurisdiction over limited
geographical areas.
(e) Unless the petition for reassumption specifically states otherwise,
where a tribe reassumes jurisdiction
over the reservation it occupies, any
land or community occupied by that
tribe which subsequently acquires the
status of reservation as defined in 25
U.S.C. 1903(10) also becomes subject to
tribal jurisdiction over Indian child
custody matters.

0112. The information is being collected
when federally recognized tribes request reassumption of jurisdiction over
child custody proceedings. The information will be used to determine if reassumption of jurisdiction over Indian
child custody proceedings is feasible.
Response is required to obtain a benefit.
[53 FR 21994, June 13, 1988]

Subpart B—Reassumption
§ 13.11 Contents of reassumption petitions.
(a) Each petition to reassume jurisdiction over Indian child custody proceedings and the accompanying plan
shall contain, where available, the following information in sufficient detail
to permit the Secretary to determine
whether reassumption is feasible:
(1) Full name, address and telephone
number of the petitioning tribe or
tribes.
(2) A resolution by the tribal governing body supporting the petition
and plan. If the territory involved is
occupied by more than one tribe and
jurisdiction is to be reassumed over all
Indians residing in the territory, the
governing body of each tribe involved
must adopt such a resolution. A tribe
that shares territory with another
tribe or tribes may reassume jurisdiction only over its own members without obtaining the consent of the other
tribe or tribes. Where a group of tribes
form a consortium to reassume jurisdiction, the governing body of each
participating tribe must submit a resolution.
(3) The proposed date on which jurisdiction would be reassumed.
(4) Estimated total number of members in the petitioning tribe or tribes,
together with an explanation of how
the number was estimated.
(5) Current criteria for membership
in the tribe or tribes.
(6) Explanation of procedure by
which a participant in an Indian child
custody proceeding may determine
whether a particular individual is a
member of a petitioning tribe.
(7) Citation to provision in tribal
constitution or similar governing document, if any, that authorizes the tribal

§ 13.2 Information collection.
The information collection requirement contained in § 13.11 has been approved by the Office of Management
and Budget under 44 U.S.C. 3501 et seq.
and assigned clearance number 1076–

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Bureau of Indian Affairs, Interior

§ 13.12

governing body to exercise jurisdiction
over Indian child custody matters.
(8) Description of the tribal court as
defined in 25 U.S.C. 1903(12) that has
been or will be established to exercise
jurisdiction over Indian child custody
matters. The description shall include
an organization chart and budget for
the court. The source and amount of
non-tribal funds that will be used to
fund the court shall be identified.
Funds that will become available only
when the tribe reassumes jurisdiction
may be included.
(9) Copy of any tribal ordinances or
tribal court rules establishing procedures or rules for the exercise of jurisdiction over child custody matters.
(10) Description of child and family
support services that will be available
to the tribe or tribes when jurisdiction
reassumed. Such services include any
resource to maintain family stability
or provide support for an Indian child
in the absence of a family—regardless
of whether or not they are the type of
services traditionally employed by social services agencies. The description
shall include not only those resources
of the tribe itself, but also any state or
federal resources that will continue to
be available after reassumption of jurisdiction.
(11) Estimate of the number of child
custody cases expected during a year
together with an explanation of how
the number was estimated.
(12) Copy of any tribal agreements
with states, other tribes or non-Indian
local governments relating to child
custody matters.
(b) If the petition is for jurisdiction
other than transferral jurisdiction
under 25 U.S.C. 1911(b), the following
information shall also be included in
the petition and plan:
(1) Citation of the statute or statutes
upon which the state has based its assertion of jurisdiction over Indian child
custody matters.
(2) Clear and definite description of
the territory over which jurisdiction
will be reassumed together with a
statement of the size of the territory in
square miles.
(3) If a statute upon which the state
bases its assertion of jurisdiction is a
surplus land statute, a clear and definite description of the reservation

boundaries that will be reestablished
for purposes of the Indian Child Welfare Act.
(4) Estimated total number of Indian
children residing in the affected territory together with an explanation of
how the number was estimated.
§ 13.12 Criteria for approval of reassumption petitions.
(a) The Assistant Secretary—Indian
Affairs shall approve a tribal petition
to reassume jurisdiction over Indian
child custody matters if:
(1) Any reservation, as defined in 25
U.S.C. 1903(10), presently affected by
the petition is presently occupied by
the petitioning tribe or tribes;
(2) The constitution or other governing document, if any, of the petitioning tribe or tribes authorizes the
tribal governing body or bodies to exercise jurisdiction over Indian child custody matters;
(3) The information and documents
required by § 13.11 of this part have
been provided;
(4) A tribal court, as defined in 25
U.S.C. 1903(12), has been established or
will be established before reassumption
and that tribal court will be able to exercise jurisdiction over Indian child
custody matters in a manner that
meets the requirements of the Indian
Civil Rights Act, 25 U.S.C. 1302;
(5) Child care services sufficient to
meet the needs of most children the
tribal court finds must be removed
from parental custody are available or
will be available at the time of reassumption of jurisdiction; and
(6) The tribe or tribes have established a procedure for clearly identifying persons who will be subject to the
jurisdiction of the tribe or tribes upon
reassumption of jurisdiction.
(b) If the technical assistance provided by the Bureau to the tribe to correct any deficiency which the Assistant
Secretary—Indian Affairs has identified as a basis for disapproving a petition for reassumption of exclusive jurisdiction has proved unsuccessful in
eliminating entirely such problem, the
Bureau, at the request of the tribe,
shall assist the tribe to assert whatever partial jurisdiction as provided in
25 U.S.C. 1918(b) that is feasible and desired by the tribe. In the alternative,

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