2019 New York Laws
SOS - Social Services
Article 2 - 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.