25 CFR § 23.120 - How does the State court ensure that active efforts have been made?

---
identifier: "/us/cfr/t25/s23.120"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 23.120 - How does the State court ensure that active efforts have been made?"
title_number: 25
title_name: "Indians"
section_number: "23.120"
section_name: "How does the State court ensure that active efforts have been made?"
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"
---


# 23.120 How does the State court ensure that active efforts have been made?

(a) Prior to ordering an involuntary foster-care placement or termination of parental rights, the court must conclude that active efforts have been made to prevent the breakup of the Indian family and that those efforts have been unsuccessful.

(b) Active efforts must be documented in detail in the record.