7/13/21
Civil Jurisdiction (General Litigation)
Parties
Is the Source of the Claim in Indian Country?
Jurisdiction
Plaintiff
Defendant
Indian
Indian
Yes
Exclusively tribal
Indian
Indian
No
Tribal and state concurrent jurisdiction
Non-Indian Indian
Yes
Exclusively tribal
(maybe only members)
Non-Indian Indian
No
State and maybe tribal concurrent jurisdiction
Indian
Non-Indian
Yes (Except state right-of-ways and fee lands belonging to non-Indians) Yes (Only state right-of-ways fee lands belonging to non-Indians)
If the tribe’s code allows this type of suit, tribal and state concurrent jurisdiction; otherwise, exclusively state
Indian
Non-Indian
Exclusively State
Indian
Non-Indian
No
Exclusively State
Non-Indian Non-Indian
Yes
State
Non-Indian Non-Indian
No (plus Indian Country state right of ways and fee lands)
Exclusively State
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Civil Jurisdiction (Child Welfare)
Type of Child Welfare Proceeding
Indian Child Domiciled in Indian Country?
Jurisdiction
Adoption
Yes Yes
Exclusively tribal Exclusively tribal
Any child custody
Adoption
No
State and tribal concurrent jurisdiction
Foster care
No
Preference for tribal, though state has concurrent jurisdiction Preference for tribal, though state has concurrent jurisdiction
Parental rights termination No
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