Section 23-37,104 – Application to Indian tribes

May 13, 2021 | Family Law, Kansas

(UCCJEA 104).

(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 act to the extent that it is governed by the Indian child welfare act.
(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 K.S.A. 2020 Supp. 23-37,101 through 23-37,210, and amendments thereto.
(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under K.S.A. 2020 Supp. 23-37,301 through 23-37,317, and amendments thereto.

K.S.A. 23-37,104

L. 2000, ch. 171, § 34; July 1.