Maine Revised Statutes Title 19-A Sec. 1734 – Application to Indian tribes
Current as of: 2023 | Check for updates
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1. Proceedings governed by federal Indian Child Welfare Act of 1978 or Maine Indian Child Welfare Act. A child custody proceeding that pertains to an Indian child as defined in the federal Indian Child Welfare Act of 1978, 25 United States Code § 1901 et seq. or the Maine Indian Child Welfare Act is not subject to this chapter to the extent that it is governed by either Act.
[PL 2023, c. 359, §4 (AMD).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 1734
- Child: means an individual who has not attained 18 years of age. See Maine Revised Statutes Title 19-A Sec. 1732
- Child custody determination: means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. See Maine Revised Statutes Title 19-A Sec. 1732
- Child custody proceeding: means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. See Maine Revised Statutes Title 19-A Sec. 1732
- Court: means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. See Maine Revised Statutes Title 19-A Sec. 1732
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 19-A Sec. 1732
- Tribe: means an Indian tribe or band or an Alaskan Native village recognized by federal law or formally acknowledged by a state. See Maine Revised Statutes Title 19-A Sec. 1732
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Tribe treated as state. A court of this State shall treat a tribe as if it were a state of the United States for the purpose of applying this subchapter and subchapter II.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
3. Tribal custody determinations. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter III.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF). PL 2023, c. 359, §4 (AMD).