Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-5-36 - INDIAN CHILD WELFARE ACT (ICWA)
Section 660-5-36-.03 - Jurisdiction Of Tribal Courts And State Courts

(1) Active Efforts to Keep an Indian Family Together: Prior to initiating court proceedings to remove Indian children from their homes, active efforts are made to provide remedial services and rehabilitative programs to prevent placement.

(2) Jurisdiction of State and Tribal Court: When the assessment is that an Indian child living off the reservation needs to come into care, the State Court has jurisdiction.

(3) Jurisdiction of State Courts in Indian Child Welfare Cases: State courts are responsible for transferring jurisdiction to tribal courts upon the petition of either parent, the Indian custodian or Indian tribe, absent good cause or absent the objection of either parent. It is the responsibility of the trial court to determine good cause not to transfer jurisdiction to the tribal court of a case involving an Indian child who is a member or eligible to become a member of an Indian tribe. "Good cause to the contrary" has been interpreted by the United States Bureau of Indian Affairs, Department of Interior to include the following:

(4) Qualified Expert Witness: Before an Indian child is placed in foster care or termination of parental rights is ordered, except for emergency removals to prevent harm to an Indian child, testimony of a qualified expert witness is required. A qualified expert witness can include a member of the child's tribe, a lay expert having substantial experience in services to Indians, or a professional person having substantial education and experience in his or her specialty.