26-5B-104. Application to Indian tribes.
(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2.
(c) 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 Article 3.
Source: SL 2005, ch 137, §4.
Structure South Dakota Codified Laws
Chapter 05B - Uniform Child Custody Jurisdiction And Enforcement Act
Section 26-5B-101 - Short title.
Section 26-5B-102 - Definitions.
Section 26-5B-103 - Proceedings governed by other law.
Section 26-5B-104 - Application to Indian tribes.
Section 26-5B-105 - International application of chapter.
Section 26-5B-106 - Effect of child-custody determination.
Section 26-5B-108 - Notice to persons outside state.
Section 26-5B-109 - Appearance and limited immunity.
Section 26-5B-110 - Communication between courts.
Section 26-5B-111 - Taking testimony in another state.
Section 26-5B-112 - Cooperation between courts--Preservation of records.
Section 26-5B-201 - Initial child-custody jurisdiction.
Section 26-5B-202 - Exclusive, continuing jurisdiction.
Section 26-5B-203 - Jurisdiction to modify determination.
Section 26-5B-204 - Temporary emergency jurisdiction.
Section 26-5B-205 - Notice--Opportunity to be heard--Joinder.
Section 26-5B-206 - Simultaneous proceedings.
Section 26-5B-207 - Inconvenient forum.
Section 26-5B-208 - Jurisdiction declined by reason of conduct.
Section 26-5B-209 - Information to be submitted to court.
Section 26-5B-210 - Appearance of parties and child.
Section 26-5B-301 - Definitions.
Section 26-5B-302 - Enforcement under Hague Convention.
Section 26-5B-303 - Duty to enforce.
Section 26-5B-304 - Temporary visitation.
Section 26-5B-305 - Registration of child-custody determination.
Section 26-5B-306 - Enforcement of registered determination.
Section 26-5B-307 - Simultaneous proceedings.
Section 26-5B-308 - Expedited enforcement of child-custody determination.
Section 26-5B-309 - Service of petition and order.
Section 26-5B-310 - Hearing and order.
Section 26-5B-311 - Warrant to take physical custody of child.
Section 26-5B-312 - Costs, fees, and expenses.
Section 26-5B-313 - Recognition and enforcement.
Section 26-5B-315 - Role of prosecutor or public official.
Section 26-5B-316 - Role of law enforcement.
Section 26-5B-317 - Costs and expenses.
Section 26-5B-401 - Application and construction.