25 CFR § 23.117 - What are the criteria for ruling on transfer petitions?

---
identifier: "/us/cfr/t25/s23.117"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 23.117 - What are the criteria for ruling on transfer petitions?"
title_number: 25
title_name: "Indians"
section_number: "23.117"
section_name: "What are the criteria for ruling on transfer petitions?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "D"
subchapter_name: "HUMAN SERVICES"
part_number: "23"
part_name: "INDIAN CHILD WELFARE ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 25 U.S.C. 2, 9, 1901-1952."
regulatory_source: "59 FR 2256, Jan. 13, 1994, unless otherwise noted."
cfr_part: "23"
---


# 23.117 What are the criteria for ruling on transfer petitions?

Upon receipt of a transfer petition from an Indian child's parent, Indian custodian, or Tribe, the State court must transfer the child-custody proceeding unless the court determines that transfer is not appropriate because one or more of the following criteria are met:

(a) Either parent objects to such transfer;

(b) The Tribal court declines the transfer; or

(c) Good cause exists for denying the transfer.