Kentucky Statutes 403.804 – Application to Indian tribes
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(1) A child custody proceeding that pertains to an Indian child as defined in the Indian
Child Welfare Act, 25 U.S.C. secs. 1901 et seq., is not subject to KRS § 403.800 to
403.880 to the extent that it is governed by the Indian Child Welfare Act.
(2) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2.
(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of KRS § 403.800 to KRS § 403.880 shall be recognized and enforced under Article 3.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 3, effective July 13, 2004.
Child Welfare Act, 25 U.S.C. secs. 1901 et seq., is not subject to KRS § 403.800 to
Terms Used In Kentucky Statutes 403.804
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
403.880 to the extent that it is governed by the Indian Child Welfare Act.
(2) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2.
(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of KRS § 403.800 to KRS § 403.880 shall be recognized and enforced under Article 3.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 3, effective July 13, 2004.