Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
Section 5404 - Application to Native American tribes


(a) Primacy of Indian Child Welfare Act.--A child custody proceeding that pertains to a Native American child as defined in the Indian Child Welfare Act of 1978 (Public Law 95-608, 25 U.S.C. ยง 1901 et seq.) is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act of 1978.
(b) Tribe treated as state.--A court of this Commonwealth shall treat a tribe as if it were a state of the United States for the purpose of applying Subchapter B (relating to jurisdiction) and this subchapter.
(c) Tribal custody determinations.--A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Subchapter C (relating to enforcement).

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 23 - DOMESTIC RELATIONS

Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement

Extra - Chapter Notes

Section 5401 - Short title of chapter

Section 5402 - Definitions

Section 5403 - Proceedings governed by other law

Section 5404 - Application to Native American tribes

Section 5405 - International application of chapter

Section 5406 - Effect of child custody determination

Section 5407 - Priority

Section 5408 - Notice to persons outside Commonwealth

Section 5409 - Appearance and limited immunity

Section 5410 - Communication between courts

Section 5411 - Taking testimony in another state

Section 5412 - Cooperation between courts; preservation of records

Section 5421 - Initial child custody jurisdiction

Section 5422 - Exclusive, continuing jurisdiction

Section 5423 - Jurisdiction to modify determination

Section 5424 - Temporary emergency jurisdiction

Section 5425 - Notice; opportunity to be heard; joinder

Section 5426 - Simultaneous proceedings

Section 5427 - Inconvenient forum

Section 5428 - Jurisdiction declined by reason of conduct

Section 5429 - Information to be submitted to court

Section 5430 - Appearance of parties and child

Section 5441 - Definitions

Section 5442 - Enforcement under Hague Convention

Section 5443 - Duty to enforce

Section 5444 - Temporary visitation

Section 5445 - Registration of child custody determination

Section 5446 - Enforcement of registered determination

Section 5447 - Simultaneous proceedings

Section 5448 - Expedited enforcement of child custody determination

Section 5449 - Service of petition and order

Section 5450 - Hearing and order

Section 5451 - Warrant to take physical custody of child

Section 5452 - Costs, fees and expenses

Section 5453 - Recognition and enforcement

Section 5454 - Appeals

Section 5455 - Role of prosecutor or public official

Section 5456 - Role of law enforcement

Section 5457 - Costs and expenses

Section 5471 - Intrastate application

Section 5481 - Application and construction

Section 5482 - Severability