2025 Session Last amended: 2024 session

§ 524.5-2011 — Compliance With Federal Indian Child Welfare Act and Minnesota Indian Family Preservation Act

Plain-Language Summary

This section provides that guardianship and related proceedings under this chapter involving an Indian child are child custody proceedings subject to the federal Indian Child Welfare Act and the Minnesota Indian Family Preservation Act. The provisions of this chapter apply only to the extent they are not inconsistent with those two acts, which control when there is a conflict.

524.5-2011 COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.

Proceedings under this chapter concerning an Indian child are child custody proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and by this chapter when not inconsistent with the federal Indian Child Welfare Act or the Minnesota Indian Family Preservation Act.

History:

2024 c 115 art 17 s 55

History: History:

  2024 c 115 art 17 s 55

Practical Notes

When a guardianship case under this chapter involves an Indian child, additional federal and state protections apply, and those laws take priority over the general guardianship rules in this chapter. If your case may involve a child who is a member of, or eligible for membership in, a federally recognized tribe, the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act will govern key parts of the proceeding, so it is important to identify that status early and consult those laws and the tribe.

Source: Minnesota Office of the Revisor of Statutes