(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq.) is not subject to this part to the extent that it is governed by the Indian Child Welfare Act.

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Terms Used In Tennessee Code 36-6-207

  • Child: means an individual who has not attained eighteen (18) years of age. See Tennessee Code 36-6-205
  • Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Tennessee Code 36-6-205
  • 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 Tennessee Code 36-6-205
  • Tribe: means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. See Tennessee Code 36-6-205
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying parts 1 and 2 of this chapter.
(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under part 3 of this chapter.