---
kind: "section"
citation: "25 C.F.R. § 23.137"
title: "25"
number: "23.137"
heading: "Who can petition to invalidate an action for certain ICWA violations?"
url: "https://uscodex.org/cfr/25/23.137"
---

# §23.137. Who can petition to invalidate an action for certain ICWA violations?

- (a) Any of the following may petition any court of competent jurisdiction to invalidate an action for foster-care placement or termination of parental rights under state law where it is alleged that 25 U.S.C. [1911](/usc/25/1911.md), [1912](/usc/25/1912.md), or [1913](/usc/25/1913.md) has been violated:
  - (1) An Indian child who is or was the subject of any action for foster-care placement or termination of parental rights;
  - (2) A parent or Indian custodian from whose custody such child was removed; and
  - (3) **The Indian child's Tribe.**
- (b) Upon a showing that an action for foster-care placement or termination of parental rights violated any provision of 25 U.S.C. [1911](/usc/25/1911.md), [1912](/usc/25/1912.md), or [1913](/usc/25/1913.md), the court must determine whether it is appropriate to invalidate the action.
- (c) To petition for invalidation, there is no requirement that the petitioner's rights under ICWA were violated; rather, a petitioner may challenge the action based on any violations of 25 U.S.C. [1911](/usc/25/1911.md), [1912](/usc/25/1912.md), or [1913](/usc/25/1913.md) during the course of the child-custody proceeding.

## 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.