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| Two proceedings are governed by other acts. Adoption cases are | | excluded from this Act because adoption is a specialized area which | | is thoroughly covered by the Uniform Adoption Act (UAA) (1994). | | Most States either will adopt that Act or will adopt the | | jurisdictional provisions of that Act. Therefore the | | jurisdictional provisions governing adoption proceedings are | | generally found elsewhere. |
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| | | However, there are likely to be a number of instances where it | | will be necessary to apply this Act in an adoption proceeding. | | For example, if a State adopts the UAA then Section 3101 of the | | Act specifically refers in places to the Uniform Child Custody | | Jurisdiction Act which will become a reference to this Act. | | Second, the UAA requires that if an adoption is denied or set | | aside, the court is to determine the child's custody. UAA § | | 3704. Those custody proceedings would be subject to this Act. | | See Joan Heifetz Hollinger, The Uniform Adoption Act: Reporter's | | Ruminations, 30 Fam.L.Q. 345 (1996). |
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| | | Children that are the subject of interstate placements for | | adoption or foster care are governed by the Interstate Compact on | | the Placement of Children (ICPC). The UAA § 2107 provides that | | the provisions of the compact, although not jurisdictional, | | supply the governing rules for all children who are subject to | | it. As stated in the Comments to that section: "Once a court | | exercises jurisdiction, the ICPC helps determine the legality of | | an interstate placement." For a discussion of the relationship | | between the UCCJA and the ICPC see J.D.S. v. Franks, 893 P.2d 732 | | (Ariz. 1995). |
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| | | Proceedings pertaining to the authorization of emergency | | medical care for children are outside the scope of this Act since | | they are not custody determinations. All States have procedures | | which allow the State to temporarily supersede parental authority | | for purposes of emergency medical procedures. Those provisions | | will govern without regard to this Act. |
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| | | §1734.__Application to Indian tribes |
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| | | 1.__Proceedings governed by Indian Child Welfare Act.__A child | | custody proceeding that pertains to an Indian child as defined in | | the Indian Child Welfare Act, 25 United States Code, Section 1901 | | et seq., is not subject to this chapter to the extent that it is | | governed by the Indian Child Welfare Act. |
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| | | 2.__Tribe treated as state.__A court of this State shall treat | | a tribe as if it were a state of the United States for the | | purpose of applying this subchapter and subchapter II. |
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