(1) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 USC 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
822.04.Application to Indian tribes.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.04 exempts a custody proceeding from chapter 822 to the extent the federal Indian Child Welfare Act governs it, but otherwise directs Wisconsin courts to treat a tribe like a state for jurisdiction purposes and to recognize tribal custody determinations made under standards that substantially match the chapter’s own.
Full Text of Section 822.04
(2) A court of this state shall treat a tribe as if it were a state for the purpose of applying subchs. I and II.
(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under subch. III.
Plain-English Summary
Section 822.04 addresses how chapter 822 interacts with tribal courts and with federal law protecting Indian children. Subsection (1) states the boundary: a custody proceeding involving an Indian child, as defined under the federal Indian Child Welfare Act, is not subject to chapter 822 to the extent the federal act governs it. Where the federal act applies, it controls.
Outside that boundary, subsection (2) requires a Wisconsin court to treat a tribe as if it were a state for purposes of applying subchapters I and II -- the general provisions and the jurisdiction rules. That means the same home-state and significant-connection analysis that would apply between Wisconsin and another state applies between Wisconsin and a tribe.
Subsection (3) extends that treatment to enforcement: a tribe’s child custody determination must be recognized and enforced under subchapter III if it was made under facts substantially conforming to chapter 822’s jurisdictional standards. This is the same substantial-conformity approach section 822.05 uses for custody determinations made in a foreign country, and the two sections work as parallel provisions extending the chapter’s cooperative framework beyond Wisconsin’s sister states.
Frequently Asked Questions
Does chapter 822 apply to a custody proceeding involving an Indian child?
Only to the extent it is not governed by the federal Indian Child Welfare Act. Section 822.04(1) exempts a proceeding pertaining to an Indian child from chapter 822 where the federal act governs it.
How does Wisconsin law treat a tribal court for custody jurisdiction purposes?
Section 822.04(2) requires a Wisconsin court to treat a tribe as if it were a state when applying subchapters I and II, meaning the same jurisdiction rules that govern relations between Wisconsin and another state also govern relations between Wisconsin and a tribe.
Will Wisconsin enforce a custody determination made by a tribal court?
Yes, if the determination was made under factual circumstances in substantial conformity with chapter 822’s jurisdictional standards. Section 822.04(3) requires Wisconsin to recognize and enforce it under subchapter III.
What happens if the Indian Child Welfare Act and chapter 822 could both apply to the same custody case?
Section 822.04(1) resolves that by exempting the proceeding from chapter 822 to the extent the federal act governs it, so the federal act controls in that area of overlap.
Does section 822.04 treat tribes the same way section 822.05 treats foreign countries?
Yes. Both sections direct Wisconsin courts to treat the other jurisdiction as if it were a state for jurisdiction purposes and to recognize its custody determinations when they were made under standards in substantial conformity with chapter 822.
Amendment History
History: 2005 a. 130.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin uccjea indian child welfare acttribal court custody jurisdiction wisconsinwis stat 822.04icwa and child custody jurisdiction wisconsin