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§ 23.118 - How is a determination of “good cause” to deny transfer made?

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If the State court believes, or any party asserts, that good cause to deny transfer exists, the reasons for that belief or assertion must be stated orally on the record or provided in writing on the record and to the parties to the child-custody proceeding.

Any party to the child-custody proceeding must have the opportunity to provide the court with views regarding whether good cause to deny transfer exists.

In determining whether good cause exists, the court must not consider:

Whether the foster-care or termination-of-parental-rights proceeding is at an advanced stage if the Indian child's parent, Indian custodian, or Tribe did not receive notice of the child-custody proceeding until an advanced stage;

Whether there have been prior proceedings involving the child for which no petition to transfer was filed;

Whether transfer could affect the placement of the child;

The Indian child's cultural connections with the Tribe or its reservation; or

Socioeconomic conditions or any negative perception of Tribal or BIA social services or judicial systems.

The basis for any State-court decision to deny transfer should be stated orally on the record or in a written order.

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