2010 New York Code
SOS - Social Services
Article 2 - (5 - 40) DEPARTMENT AND STATE BOARD OF SOCIAL WELFARE
39 - Indian affairs.

§  39.  Indian  affairs.  1.  Powers  and duties, if any, conferred or
  imposed, in terms, by laws now in force, on the governor,  commissioners
  of  the  land  office  and  the  superintendent  of  purchase  or fiscal
  supervisor of state charities, so far only as they relate to affairs  of
  Indians, or on the commissioner of education, so far only as they relate
  to  affairs  of  Indians  other  than the education of children upon the
  Indian reservations, except such powers and duties, if any, as may  have
  been  conferred  or  imposed,  in  terms, on either of such officers, in
  relation to such affairs, by laws  enacted  and  in  effect  since  July
  first,  nineteen hundred and twenty-four, shall continue to be exercised
  and performed by the department, instead of by the officers named.
    2. The office of children  and  family  services  may  enter  into  an
  agreement  with  an  Indian  tribe  for  the  provision  of foster care,
  preventive and adoptive  services  to  Indian  children  as  defined  in
  subdivision  thirty-six  of  section  two  of  this  chapter and for the
  provision of adult and child protective  services  to  Indians  residing
  upon  the  tribe's  reservation in the state, after the Indian tribe has
  submitted to the office of children and  family  services  a  plan  that
  satisfactorily  demonstrates  that  such  tribe  is  able  to  meet  the
  applicable standards for  foster  care  services,  preventive  services,
  adoptive  services, and adult and child protective services set forth in
  the applicable federal and state law  and  regulations.  The  office  of
  children  and  family services is authorized to reimburse such tribe for
  the full cost of foster  care,  preventive  services,  adult  and  child
  protective services, and adoptive services and care, after deducting any
  federal funds properly received on account thereof.
    3.  Any  Indian  tribe  designated  as  such  by  the Secretary of the
  Interior which became subject to the jurisdiction of courts of the state
  of New York pursuant to sections two hundred thirty-two and two  hundred
  thirty-three of title twenty-five of the United States code or any other
  federal   law,  may  reassume  jurisdiction  over  those  child  custody
  proceedings provided for in articles three, seven, ten, and ten-A of the
  family court act and sections  three  hundred  fifty-eight-a  and  three
  hundred eighty-four-b of this chapter involving Indian children provided
  that  the Secretary of the Interior has granted approval pursuant to and
  in accordance with the applicable sections of title twenty-five  of  the
  United States code.
    4.  Any Indian tribe designated as such by the state of New York which
  is subject to the jurisdiction of the courts of the state of  New  York,
  may  reassume jurisdiction over those child custody proceedings provided
  for in articles three, seven, ten, and ten-A of the  family  court  act,
  and sections three hundred fifty-eight-a and three hundred eighty-four-b
  of  this  chapter  involving  Indian  children  provided  that the local
  commissioner  has  granted  approval  in  accordance  with   rules   and
  regulations established by the department.
    5.  (a)  An  Indian  tribe  approved to assume jurisdiction shall have
  exclusive jurisdiction over any child custody  proceeding  involving  an
  Indian  child who resides or is domiciled within the reservation of such
  tribe, except where such jurisdiction is otherwise vested in the  courts
  of  the state of New York by existing federal law. Where an Indian child
  is a ward of a tribal court, the Indian  tribe  shall  retain  exclusive
  jurisdiction, notwithstanding the residence or domicile of the child.
    (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this
  subdivision, nothing herein shall be construed to prevent the  emergency
  removal  of  an  Indian  child who is a resident of or is domiciled on a
  reservation, but temporarily  located  off  the  reservation,  from  his
  parents  or Indian custodian or the emergency placement of such child in
  a foster home or institution, under applicable state  law  in  order  to

prevent  imminent  physical  damage  or  harm  to  the  child. The state
  authority, official or agency shall insure that the emergency removal or
  placement terminates immediately when such removal or  placement  is  no
  longer  necessary  to  prevent  imminent  physical damage or harm to the
  child and  shall  expeditiously  initiate  a  child  custody  proceeding
  subject  to  the  provisions  of this section, transfer the child to the
  jurisdiction of the appropriate Indian tribe, or restore  the  child  to
  the parent or Indian custodian as may be appropriate.
    6.  In  any  state court child custody proceeding involving the foster
  care placement of, or termination of parental rights to an Indian  child
  not  domiciled  or residing within the reservation of the Indian child's
  tribe, the court, in the absence of good cause to  the  contrary,  shall
  transfer  such  proceeding  to  the  jurisdiction  of  the tribe, absent
  objection by either parent, upon the petition of either  parent  or  the
  Indian  custodian  or  the Indian child's tribe; provided, however, that
  such transfer shall be subject to declination by  the  tribal  court  of
  such tribe.
    7.  In  any state court proceeding involving the foster care placement
  of or the termination of parental rights to an Indian child, the  Indian
  custodian  of  the  child  and  the  Indian  tribe shall have a right to
  intervene at any point in the proceeding.
    8. The department may enter into an  agreement,  contract  or  compact
  with  an  Indian  tribe  or  intertribal consortium for the provision of
  welfare related services by social services districts or by any tribe or
  tribes in connection with a tribal plan for direct  tribal  funding  and
  administration  of  federal temporary assistance to needy families block
  grant monies.