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SECTION 39
Indian affairs
Social Services (SOS) CHAPTER 55, ARTICLE 2
§ 39. Indian affairs. 1. Powers and duties, if any, conferred or
imposed, in terms, by laws now in force, on the governor, commissioners
of the land office and the superintendent of purchase or fiscal
supervisor of state charities, so far only as they relate to affairs of
Indians, or on the commissioner of education, so far only as they relate
to affairs of Indians other than the education of children upon the
Indian reservations, except such powers and duties, if any, as may have
been conferred or imposed, in terms, on either of such officers, in
relation to such affairs, by laws enacted and in effect since July
first, nineteen hundred and twenty-four, shall continue to be exercised
and performed by the department, instead of by the officers named.

2. The office of children and family services may enter into an
agreement with an Indian tribe for the provision of foster care,
preventive and adoptive services to Indian children as defined in
subdivision thirty-six of section two of this chapter and for the
provision of adult and child protective services to Indians residing
upon the tribe's reservation in the state, after the Indian tribe has
submitted to the office of children and family services a plan that
satisfactorily demonstrates that such tribe is able to meet the
applicable standards for foster care services, preventive services,
adoptive services, and adult and child protective services set forth in
the applicable federal and state law and regulations. The office of
children and family services is authorized to reimburse such tribe for
the full cost of foster care, preventive services, adult and child
protective services, and adoptive services and care, after deducting any
federal funds properly received on account thereof.

3. Any Indian tribe designated as such by the Secretary of the
Interior which became subject to the jurisdiction of courts of the state
of New York pursuant to sections two hundred thirty-two and two hundred
thirty-three of title twenty-five of the United States code or any other
federal law, may reassume jurisdiction over those child custody
proceedings provided for in articles three, seven, ten, and ten-A of the
family court act and sections three hundred fifty-eight-a and three
hundred eighty-four-b of this chapter involving Indian children provided
that the Secretary of the Interior has granted approval pursuant to and
in accordance with the applicable sections of title twenty-five of the
United States code.

4. Any Indian tribe designated as such by the state of New York which
is subject to the jurisdiction of the courts of the state of New York,
may reassume jurisdiction over those child custody proceedings provided
for in articles three, seven, ten, and ten-A of the family court act,
and sections three hundred fifty-eight-a and three hundred eighty-four-b
of this chapter involving Indian children provided that the local
commissioner has granted approval in accordance with rules and
regulations established by the department.

5. (a) An Indian tribe approved to assume jurisdiction shall have
exclusive jurisdiction over any child custody proceeding involving an
Indian child who resides or is domiciled within the reservation of such
tribe, except where such jurisdiction is otherwise vested in the courts
of the state of New York by existing federal law. Where an Indian child
is a ward of a tribal court, the Indian tribe shall retain exclusive
jurisdiction, notwithstanding the residence or domicile of the child.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, nothing herein shall be construed to prevent the emergency
removal of an Indian child who is a resident of or is domiciled on a
reservation, but temporarily located off the reservation, from his
parents or Indian custodian or the emergency placement of such child in
a foster home or institution, under applicable state law in order to
prevent imminent physical damage or harm to the child. The state
authority, official or agency shall insure that the emergency removal or
placement terminates immediately when such removal or placement is no
longer necessary to prevent imminent physical damage or harm to the
child and shall expeditiously initiate a child custody proceeding
subject to the provisions of this section, transfer the child to the
jurisdiction of the appropriate Indian tribe, or restore the child to
the parent or Indian custodian as may be appropriate.

6. In any state court child custody proceeding involving the foster
care placement of, or termination of parental rights to an Indian child
not domiciled or residing within the reservation of the Indian child's
tribe, the court, in the absence of good cause to the contrary, shall
transfer such proceeding to the jurisdiction of the tribe, absent
objection by either parent, upon the petition of either parent or the
Indian custodian or the Indian child's tribe; provided, however, that
such transfer shall be subject to declination by the tribal court of
such tribe.

7. In any state court proceeding involving the foster care placement
of or the termination of parental rights to an Indian child, the Indian
custodian of the child and the Indian tribe shall have a right to
intervene at any point in the proceeding.

8. The department may enter into an agreement, contract or compact
with an Indian tribe or intertribal consortium for the provision of
welfare related services by social services districts or by any tribe or
tribes in connection with a tribal plan for direct tribal funding and
administration of federal temporary assistance to needy families block
grant monies.