Iowa Code 598B.104 – Application to Indian tribes
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1. A child-custody proceeding that pertains to an Indian child as defined in the federal 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 federal Indian Child Welfare Act.
Terms Used In Iowa Code 598B.104
- Child: means an individual who has not attained eighteen years of age. See Iowa Code 598B.102
- 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 Iowa Code 598B.102
- Child-custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. See Iowa Code 598B.102
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination. See Iowa Code 598B.102
- 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 Iowa Code 598B.102
- Tribe: means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. See Iowa Code 598B.102
- United States: includes all the states. See Iowa Code 4.1
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 this article and article II.
3. 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 article III.