---
kind: "section"
citation: "25 C.F.R. § 23.110"
title: "25"
number: "23.110"
heading: "When must a State court dismiss an action?"
url: "https://uscodex.org/cfr/25/23.110"
---

# §23.110. When must a State court dismiss an action?


Subject to [25 U.S.C. 1919](/usc/25/1919.md) (Agreements between States and Indian Tribes) and [§ 23.113](/cfr/25/23.113.md) (emergency proceedings), the following limitations on a State court's jurisdiction apply:

- (a) The court in any voluntary or involuntary child-custody proceeding involving an Indian child must determine the residence and domicile of the Indian child. If either the residence or domicile is on a reservation where the Tribe exercises exclusive jurisdiction over child-custody proceedings, the State court must expeditiously notify the Tribal court of the pending dismissal based on the Tribe's exclusive jurisdiction, dismiss the State-court child-custody proceeding, and ensure that the Tribal court is sent all information regarding the Indian child-custody proceeding, including, but not limited to, the pleadings and any court record.
- (b) If the child is a ward of a Tribal court, the State court must expeditiously notify the Tribal court of the pending dismissal, dismiss the State-court child-custody proceeding, and ensure that the Tribal court is sent all information regarding the Indian child-custody proceeding, including, but not limited to, the pleadings and any court record.

## Notes

### Source

Source: 81 FR 38867, June 14, 2016, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 1901-1952.

### Source

Source: 59 FR 2256, Jan. 13, 1994, unless otherwise noted.