Delaware Code Title 13 Sec. 1904 – Application to Indian tribes
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(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 chapter to the extent that it is governed by the Indian Child Welfare Act.
Terms Used In Delaware Code Title 13 Sec. 1904
- Child: means an individual who has not attained 18 years of age. See Delaware Code Title 13 Sec. 1902
- 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 Delaware Code Title 13 Sec. 1902
- Child custody proceeding: means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. See Delaware Code Title 13 Sec. 1902
- Court: means the Family Court of the State. See Delaware Code Title 13 Sec. 1902
- State: means a State of the United States, the District of Columbia, Puerto Rico, the United State Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 13 Sec. 1902
- Tribe: means an Indian tribe or band, or Alaska Native village, which is recognized by federal law or formally acknowledged by a state. See Delaware Code Title 13 Sec. 1902
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) A court of the state shall treat a tribe as if it were a state of the United States for the purpose of applying subchapters I and II of this chapter.
(c) 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 of this chapter.