1. (1) In a child custody proceeding involving an Indian child, when making a determination regarding the best interests of the Indian child, the court shall, in consultation with the Indian child's tribe and tribal community, as determined by the Indian child's tribe, consider the following:

   1. (a) The Indian child's mental, physical, and emotional needs, including the Indian child's preferences;
   2. (b) The prevention of unnecessary out-of-home placement of the Indian child;
   3. (c) The prioritization of placement of the Indian child in accordance with the placement preferences set forth in section 19-1.2-120;
   4. (d) The value to the Indian child of establishing, developing, or maintaining a political, cultural, social, and spiritual relationship with the Indian child's tribe and tribal community; and
   5. (e) The importance to the Indian child of the Indian tribe's or tribal community's ability to maintain the tribe's or tribal community's existence and integrity for the stability and security of Indian children and families.

Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1789, § 2, effective August 6.