Under the UCCJEA, an Indian child is not subject to the UCCJEA. True or false?

• A. True
• B. False
• C. Only if the tribe consents
• D. Only if the child resides on a reservation

Answer: (A)

The key idea is that for custody matters involving an Indian child, ICWA governs and often gives exclusive or primary jurisdiction to tribal courts. Because ICWA takes precedence in those proceedings, the UCCJEA does not control in the same way for Indian children. So the statement is true: an Indian child is not subject to the UCCJEA in the sense that ICWA governs those custody matters and tribal court jurisdiction applies. If the child is not within ICWA’s scope, then the UCCJEA would apply normally.