39 - Indian Affairs.

NY Soc Serv L § 39 (2019) (N/A)
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(b) Notwithstanding the provisions of paragraph (a) of this subdivision, nothing herein shall be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from his parents or Indian custodian or the emergency placement of such child in a foster home or institution, under applicable state law in order to prevent imminent physical damage or harm to the child. The state authority, official or agency shall insure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of this section, transfer the child to the jurisdiction of the appropriate Indian tribe, or restore the child to the parent or Indian custodian as may be appropriate. 6. In any state court child custody proceeding involving the foster care placement of, or termination of parental rights to an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe; provided, however, that such transfer shall be subject to declination by the tribal court of such tribe. 7. In any state court proceeding involving the foster care placement of or the termination of parental rights to an Indian child, the Indian custodian of the child and the Indian tribe shall have a right to intervene at any point in the proceeding. 8. The department may enter into an agreement, contract or compact with an Indian tribe or intertribal consortium for the provision of welfare related services by social services districts or by any tribe or tribes in connection with a tribal plan for direct tribal funding and administration of federal temporary assistance to needy families block grant monies.