Rule 5:10-6.Indian Child Welfare Act
Last amended September 1, 2019 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:10-6
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
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.
Plain-English Summary
The Indian Child Welfare Act imposes federal requirements that can override state adoption procedure, and the time to discover that is at the beginning. So at the first hearing after the complaint is filed — unless a court has already decided the question — the court determines whether there is reason to believe the child is an Indian child.
The rule supplies the definition. An Indian child is one who is a member of a federally recognised Indian tribe, or one who is eligible for membership in such a tribe and is the biological child of a member.
Uncertainty does not end the inquiry. If the court cannot determine whether the Act applies, it orders an investigation, which may include an inquiry to the appropriate tribe, to establish whether the child or a biological parent is a member. The findings must be made on the record and documented in a court order — a paper trail that matters if the adoption is later challenged.
Frequently Asked Questions
When is the Indian Child Welfare Act question decided in an adoption?
At the first hearing following the filing of the adoption complaint, if a prior court determination has not been made.
Who is an Indian child under the Act?
A child who is a member of a federally recognized Indian Tribe, or a child who is eligible for membership in a federally recognized Indian Tribe and is the biological child of a member.
What if the court cannot tell?
It orders an investigation, which may include an inquiry to the appropriate tribe, to determine whether the child or one of the biological parents is a member.