2019 Pennsylvania Consolidated Statutes
Title 23 - DOMESTIC RELATIONS
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
Section 5404 - Application to Native American tribes

Universal Citation: 23 PA Cons Stat § 5404 (2019)
§ 5404. Application to Native American tribes.

(a) Primacy of Indian Child Welfare Act.--A child custody proceeding that pertains to a Native American child as defined in the Indian Child Welfare Act of 1978 (Public Law 95-608, 25 U.S.C. § 1901 et seq.) is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act of 1978.

(b) Tribe treated as state.--A court of this Commonwealth shall treat a tribe as if it were a state of the United States for the purpose of applying Subchapter B (relating to jurisdiction) and this subchapter.

(c) Tribal custody determinations.--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 Subchapter C (relating to enforcement).

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