(1) Upon granting a motion to transfer pursuant to section 19-1.2-118, the court shall expeditiously:
- (a) Notify the tribal court of the pending dismissal of the child custody proceeding;
- (b) Transfer all information regarding the proceeding, including pleadings and court records, to the tribal court; and
(c) If the Indian child is alleged to be within the jurisdiction of the court pursuant to section 19-1.2-116, direct the petitioning or filing party to:
- (I) Coordinate with the tribal court and the Indian child's tribe to ensure that the transfer of the proceeding and the transfer of custody of the Indian child is accomplished with minimal disruption of services to the Indian child and the Indian child's family; and
(II) Expeditiously provide at no cost to the appropriate tribal agency:
- (A) All records and original documents in the petitioning or filing party's possession that are related to the Indian child, including a birth certificate, social security card, certificate of Indian birth, and other similar documents;
- (B) Documentation related to the Indian child's eligibility for state and federal assistance; and
- (C) The entire case record for the Indian child that the petitioning or filing party possesses.
- (2) The court shall dismiss the proceeding with prejudice upon confirmation from the tribal court that the tribal court received the required transferred information.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1805, § 2, effective August 6.