3-4-6. MOTION FOR TRANSFER OF JURISDICTION UNDER 25 U.S.C. - 1911 (b), BY PARTY OTHER THAN THE ROSEBUD SIOUX TRIBE - AMENDMENT

  1. Filing of Motion; Acceptance: if the parent(s), guardian, or custodian of a Rosebud Sioux Tribe child, through their legal counsel, petitions a state court in a child custody proceeding to transfer jurisdiction of the proceeding to the Tribal Court, such transfer shall not be effective until accepted by the Tribal Court.
  2. Petition Referred to the ICWA Specialist; Tribe has Automatic Standing: upon receipt of a motion for acceptance of jurisdiction from an individual, the Tribal Court shall refer the petition for investigation to the ICWA Specialist. The ICWA Specialist shall have thirty (30) days from the date of referral by the Tribal Court in which to conduct the investigation and to make written recommendations of the matter to the Children’s Court Judge.
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