P.A. 22-60 AA Applying the Provisions of the Indian Child Welfare Act to Child Custody, Placement, Adoption and Termination of Parental Rights Proceedings Involving an Indian Child. (H.B. 5336)
This bill requires the commissioner of children and families to ensure that any action or proceeding under the child welfare laws involving an Indian child’s custody or placement in a foster or adoptive home, or the termination of the child’s parents’ parental rights, is conducted in accordance with the federal Indian Child Welfare Act (ICWA).
The bill similarly requires the probate court, or the Superior Court in contested cases, to ensure that any action or proceeding under the probate laws involving an Indian child’s custody or placement in a foster or adoptive home, or termination of the child’s parents’ parental rights, is conducted in accordance with ICWA.
Under the bill and ICWA, an “Indian child” is an unmarried person who is under age 18 and either is: (1) a member or citizen of an Indian tribe or (2) eligible for membership or citizenship in an Indian tribe and is the biological child of an Indian tribe member or citizen.
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