2.50.50. Transferring Cases to Tribal Court

Original Date: September 1, 1991

Revised Date: July 1, 2024

Sunset Review Date: July 31, 2028

Approved by: Tleena Ives, Office of Tribal Relations Director

Purpose

The purpose of this policy is to provide guidance on how to transfer dependency, 13.36 guardianship, or termination of parental rights cases to tribal court when the children are Indian children and the case transfers are either:

Requested by the tribes.
Accepted by the tribes after they are requested by the parents or children.

Scope

This policy applies to caseworkers.

Laws

RCW 13.38.080 Transfer of jurisdiction

25 USC § 1911 Indian tribe jurisdiction over Indian child custody proceedings

Policy

When children are Indian children and there is a request at any point in the case to transfer a dependency, chapter 13.36 RCW guardianship, or termination of parental rights case, caseworkers must collaborate with the:
1. Known tribes, parents, and the Assistant Attorney General (AAG) to facilitate the case transferring to tribal court.
2. Children, when developmentally appropriate,

Procedures

When a request is received to transfer an Indian child’s case to tribal court, caseworkers must:

Contact the:
1. The tribe to verify the child is a member or eligible for membership in the tribe to which the case would be transferred. If they:
  1. Are a member or eligible for membership, continue with the transfer process.
  2. If they are not a member or eligible for membership, consult with the AAG if the tribe continues to request transfer.
Coordinate with the:
1. Tribe to confirm their position on a case transfer and assist as needed if the transfer was requested by the child or parent.
2. AAG if the tribe requests the transfer and send the tribe:
  1. Motion for Order Transferring Jurisdiction to Tribal Court, JU 11.0900
  2. Order re Transferring Jurisdiction to Tribal Court, JU 11.0920
Complete the following after receiving the state court order transferring jurisdiction from the AAG:
1. Offer to schedule and facilitate a transfer case staffing with the tribe.
2. Follow the Providing Confidential Records to Tribes policy and collaborate with the Discovery Unit or designee to provide the tribe with all case documentation as soon as possible.
3. Once the tribal court accepts jurisdiction, either:
  1. Close the case.
  2. Open as a tribal payment only case.
Follow the Child Welfare Documentation policy and document all ICW related communications and activities.