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Rule 20. Review Upon Petition Under 25 U.S.C. Section 1914.

(a) Grounds for Petition. In cases involving an Indian child, the child, parents, Indian custodian and child's tribe may petition the court to invalidate any order in the case upon a showing that the order violated any provision of 25 U.S.C. Sections 1911, 1912 or 1913. A petition under 25 U.S.C. Section 1914 may be brought as a separate action if the petitioner is unable to participate in the challenged proceeding as a party.
(b) The Petition to Invalidate. A petition filed under 25 U.S.C. Section 1914 must be served on all parties to the action sought to be invalidated, including the Indian child's tribe and Indian custodian whether or not they have intervened. The petition must include:
(1) the identities of the petitioner and the Indian child subject to the petition, and the status of the petitioner under 25 U.S.C. Section 1914;
(2) a statement of the particular provisions of 25 U.S.C. Sections 1911, 1912 or 1913 alleged to have been violated and the factual basis supporting the alleged violation; and
(3) any exhibits, reports or other evidence in support of the allegations.
(c) Disposition. If the court determines that the challenged order violated 25 U.S.C. Sections 1911, 1912 or 1913, the court shall immediately invalidate the order and take other appropriate action which may include dismissing the case and ordering the child returned to the parents or Indian custodian.

(SCO 845 effective August 15, 1987)

Cross References
CROSS REFERENCES: 25 U.S.C. Sections 1911, 1912, 1913, and 1914.

PART VIII. APPELLATE REVIEW

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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.

Last Modified 7/14/1999