Determination of Indian child’s tribe; participation of more than one tribe in child custody proceeding

1. In a child custody proceeding in which an Indian child is alleged to be within the jurisdiction of the court, the Indian child’s tribe is: (a) If the Indian child is a member of or is eligible for membership in only one tribe, the tribe of which the Indian child is a member or eligible for membership. (b) If the Indian child is a member of one tribe but is eligible for membership in one or more other tribes, the tribe of which the Indian child is a member. (c) If the Indian child is a member of more than one tribe or if the Indian child is not a member of any tribe but is eligible for membership with more than one tribe: (1) The tribe designated by agreement between the tribes of which the Indian child is a member or in which the Indian child is eligible for membership; or (2) If the tribes are unable to agree on the designation of the Indian child’s tribe, the tribe designated by the court. 2. When designating an Indian child’s tribe under subparagraph (2) of paragraph (c) of subsection 1, the court shall, after a hearing, designate the tribe with which the Indian child has the more significant contacts, taking into consideration the following: (a) The preference of the Indian child’s parent; (b) The duration of the Indian child’s current or prior domicile or residence on or near the reservation of each tribe; (c) The tribal membership of the Indian child’s custodial parent or Indian custodian; (d) The interests asserted by each tribe; (e) Whether a tribe has previously adjudicated a case involving the Indian child; and (f) If the court determines that the Indian child is of sufficient age and capacity to meaningfully self-identify, the self-identification of the Indian child. 3. If an Indian child is a member of or is eligible for membership in more than one tribe, the court may, in its discretion, permit a tribe, in addition to the Indian child’s tribe, to participate in a child custody proceeding involving the Indian child in an advisory capacity or as a party.