Conn. Gen. Stat. § 46b-116
Short title: Connecticut Indian Child Welfare Act
Sections 46b-116 to 46b-116aa, inclusive, may be cited as the “Connecticut Indian Child Welfare Act”.
General Statutes of Connecticut Chapter 815q — Connecticut Indian Child Welfare Act
Connecticut · statute · Conn. Gen. Stat. ch. 815q · 29 active provisions
Provisions
Conn. Gen. Stat. § 46b-116a
Definitions
As used in this section and sections 46b-116b to 46b-116aa, inclusive: (1) “Adoptive placement” means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption. “Adoptive placement” does not include placement based upon an act, which if committed by an adult,…
Conn. Gen. Stat. § 46b-116b
Jurisdiction over Indian child custody matters
An Indian tribe shall have exclusive jurisdiction as to any state court over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except where such jurisdiction is otherwise vested in the state by existing federal law. Where an Indian child is a ward o…
Conn. Gen. Stat. § 46b-116c
State foster care, termination of parental rights proceedings. Transfer of jurisdiction to Indian tribe. Rights to intervene. Full faith and credit to tribal acts. Records, judicial proceedings
(a) In any state court proceeding for 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 India…
Conn. Gen. Stat. § 46b-116d
Required notice to Indian parent, Indian custodian, Indian tribe of state foster care, termination of parental rights proceedings involving Indian child
(a) In any involuntary proceeding in the Superior Court, where the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement of, or termination of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child's tribe, by regist…
Conn. Gen. Stat. § 46b-116e
Right to court-appointed counsel upon indigency determination for Indian parent, Indian custodian. Court discretion to appoint counsel for Indian child
In any child custody proceeding in which the state court determines indigency, the parent or Indian custodian shall have the right to court-appointed counsel in any removal, placement or termination proceeding. The court may, in its discretion, appoint counsel for the Indian child upon a finding that such appointment i…
Conn. Gen. Stat. § 46b-116f
Rights of parties to reports, documents filed with court
A state court shall disclose all reports or other documents filed with the court upon which any decision may be based with respect to a foster care placement or termination of parental rights proceeding under state law involving an Indian child upon request of any party to such proceeding. Records and documents in such…
Conn. Gen. Stat. § 46b-116g
Evidence of efforts to prevent breakup of Indian family. Requirements for parties seeking foster care of, termination of parental rights to Indian child
Any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under state law shall provide satisfactory evidence to the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family…
Conn. Gen. Stat. § 46b-116h
Evidentiary prerequisite standard for Indian child foster care placement
No foster care placement may be ordered in a foster care placement proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious…
Conn. Gen. Stat. § 46b-116i
Evidentiary prerequisite standard for termination of parental rights of Indian child
No termination of parental rights may be ordered in a termination of parental rights proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to re…
Conn. Gen. Stat. § 46b-116j
Form of parental, custodial consent in Indian child foster care placement and termination of parental rights proceedings. Court certification requirements
Where any parent or Indian custodian voluntarily consents to a foster care placement of an Indian child or to termination of parental rights, such consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the presiding judge's certificate t…
Conn. Gen. Stat. § 46b-116k
Withdrawal of parental, custodial consent in Indian child foster care placement proceedings
Any parent or Indian custodian who voluntarily consents to a foster care placement under state law may withdraw such consent at any time and, upon such withdrawal, the Indian child shall be returned to the parent or Indian custodian.
Conn. Gen. Stat. § 46b-116l
Withdrawal of parental, custodial consent in termination of parental rights, adoption proceedings involving Indian child
In any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent.
Conn. Gen. Stat. § 46b-116m
Withdrawal of parental consent on grounds of fraud or duress after final adoption decree. Time limit for petition to vacate decree
After the entry of a final decree of adoption of an Indian child in any state court, the parent may withdraw consent thereto upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate such decree. Upon a finding that such consent was obtained through fraud or duress, the cou…
Conn. Gen. Stat. § 46b-116n
Right of Indian child, parent, custodian, tribe to petition for invalidation of foster care placement, termination of parental rights actions on grounds actions violate state or federal law
Any Indian child who is the subject of any action for foster care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody such child was removed, and the Indian child's tribe may petition any court of competent jurisdiction to invalidate such action upon a showing…
Conn. Gen. Stat. § 46b-116o
Preferences for adoptive placement of Indian child
In any adoptive placement of an Indian child under state law, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a member of the child's extended family; (2) other members of the Indian child's tribe; or (3) other Indian families.
Conn. Gen. Stat. § 46b-116p
Preferences for preadoptive, foster care placement of Indian child. Required setting, proximity to child's home
Any Indian child accepted for foster care or preadoptive placement shall be placed in the least restrictive setting that most approximates a family and in which such child's special needs, if any, may be met. The child shall also be placed within reasonable proximity to such child's home, taking into account any specia…
Conn. Gen. Stat. § 46b-116q
Court, agency requirements for tribal resolutions for different placement preferences. Child, parental preference, parental anonymity request consideration by court, agency
In the case of a placement under section 46b-116o or 46b-116p if the Indian child's tribe establishes a different order of preference by resolution, the agency or court effecting the placement shall follow such order so long as the placement is the least restrictive setting appropriate to the particular needs of the ch…
Conn. Gen. Stat. § 46b-116r
Standards for meeting preference requirements for Indian child placement
The standards to be applied in meeting the preference requirements set forth in sections 46b-116o and 46b-116p shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural tie…
Conn. Gen. Stat. § 46b-116s
Record requirements for Department of Children and Families for Indian child placements
A record of each such placement, under state law, of an Indian child shall be maintained by the Commissioner of Children and Families, evidencing the efforts to comply with the order of preference requirements set forth in sections 46b-116o and 46b-116p. Such record shall be made available at any time upon the request…
Conn. Gen. Stat. § 46b-116t
Biological parent, Indian custodian petitions for return of custody upon vacation or setting aside of final adoption decree or voluntary termination of adoptive parents' rights to Indian child. Court standard for granting petitions
Notwithstanding any provision of the general statutes, whenever a final decree of adoption of an Indian child has been vacated or set aside, or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian of the child may petition for r…
Conn. Gen. Stat. § 46b-116u
Continuing requirement to adhere to Connecticut Indian Child Welfare Act. Exception
Whenever an Indian child is removed from a foster care placement for the purpose of further foster care, preadoptive or adoptive placement, such placement shall be in accordance with the provisions of sections 46b-116a to 46b-116aa, inclusive, except in the case where an Indian child is being returned to the parent or…
Conn. Gen. Stat. § 46b-116v
Court duty to disclose tribal affiliation of Indian individuals age eighteen and over who were subject to adoptive placements
Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement under sections 46b-116a to 46b-116aa, inclusive, the court that entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual's biological parents an…
Conn. Gen. Stat. § 46b-116w
Authorization of agreement between Department of Children and Families and Indian tribes regarding care and custody of Indian children. Requirements for agreements
Notwithstanding section 3-6c, the Department of Children and Families is authorized to enter into an agreement with a federally recognized Indian tribe or an Indian tribe recognized by the state of Connecticut located within the geographic boundaries of the state respecting the care and custody of Indian children and j…
Conn. Gen. Stat. § 46b-116x
Jurisdiction in cases where petitioner improperly removed Indian child from parent or custodian or improperly retained custody
Where any petitioner in an Indian child custody proceeding before a state court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall…
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