NY Soc Serv L § 39 (2021)
2021 New York Laws SOS - Social Services Article 2 - Department and State Board of Social Welfare 39 - Indian Affairs.

§  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.