Proceedings to terminate parental rights of parent of Indian child: Powers and duties of court; appointment of attorney.
1. If proceedings pursuant to this chapter involve the termination of parental rights of the parent of an Indian child, the court shall:
(a) Cause the Indian child’s tribe to be notified in writing in the manner provided in the Indian Child Welfare Act. If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.
(b) Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act.
(c) If a tribe declines or is unable to exercise jurisdiction, exercise its jurisdiction as provided in the Indian Child Welfare Act.
2. If the court determines that the parent of an Indian child for whom termination of parental rights is sought is indigent, the court:
(a) Shall appoint an attorney to represent the parent;
(b) May appoint an attorney to represent the Indian child; and
(c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,
Ê as provided in the Indian Child Welfare Act.
Last modified: February 25, 2006