(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.
Structure New York Laws
Article 2 - Department and State Board of Social Welfare
5 - Department of Social Welfare.
11 - Commissioner of Social Services.
13 - Organization of the Department.
16 - Offices of the Department.
17 - Powers and Duties of the Commissioner.
20 - Powers and Duties of the Department.
20-A - Local Personnel; Limitations on Department's Power.
20-B - Plan for In-Home Care of Senior Citizens.
20-D - Training of Direct Care Workers in Adverse Childhood Experiences.
21 - Welfare Management System.
21-A - Electronic Benefit Transfer System.
22 - Appeals and Fair Hearings; Judicial Review.
31 - Fellowships and Scholarships for Local and State Public Welfare Employees.
33 - Contracts for Supplies and Commodities Needed in the Administration of Assistance.
34 - General Powers and Duties of the Commissioner.
34-A - Services Planning Requirements.
36-A - Department Research and Demonstration Projects.
36-B - Local Flexibility Incentive Pilot Program.
36-C - Savings Plan for the City of New York.
37 - Reports of and to Department.