(a) A parent, Indian custodian, or tribe may request transfer of a state court proceeding for foster care placement or termination of parental rights of an Indian child to tribal court.  When a proper request for transfer is made, jurisdiction is transferred by the state court to the tribal court unless either parent objects or the court finds good cause not to transfer.   • 1 through 4

(b) A state court's decision to transfer is still subject to acceptance by the tribal court.  A tribal court may decline to accept transfer.   • 1 through 4

(c) Good cause not to transfer the proceeding may exist if:

• (1) the proceeding was at an advanced stage when the petition to transfer was received and the petitioner did not file the petition promptly after receiving notice of the hearing;
• (2) the Indian child is over 12 years of age and objects to the transfer;
• (3) the evidence necessary to decide the case can be adequately presented in the tribal court without undue hardship to the parties or to the witnesses; or
• (4) the parents of the child over five years of age are not available and the child had little or not contact with the child's tribe or members of the child's tribe.   • 5

(d) The socioeconomic conditions and the perceived adequacy of tribal or Bureau of Indian Affairs social services or judicial systems may not be considered in a determination that good cause exists.