R. 5:10-6 New Jersey Rules of Court, R. 5:10-6: Indian Child Welfare Act, rendered as code with every cross-reference linked

rule 5:10-6 "Indian Child Welfare Act" {
To determine if the Indian Child Welfare Act (ICWA) applies, at the first hearing following the filing of the adoption complaint, if a prior court determination has not been made, the court shall determine if there is reason to believe the child is an Indian Child, which is defined as: (1) a child who is a member of a federally recognized Indian Tribe or (2) a child who is eligible for membership in a federally recognized Indian Tribe and is the biological child of a member of a federally recognized Indian Tribe. If the court cannot determine whether ICWA applies, it shall order an investigation, which may include an inquiry to the appropriate tribe, to determine if the child or one of the biological parents is a member. The ICWA findings shall be made on the record and documented in a court order.
Note: New Rule 5:10-6 adopted (and former Rule 5:10-6 redesignated as Rule 5:10-9) July 21, 2011 to be effective September 1, 2011; amended July 29, 2019 to be effective September 1, 2019.
}
referenced_by: 5:10-17, 5:10-3
source: njcourts.gov // verbatim; changed 2025-09-18; corpus harvested 2026-09-02