South Dakota § 26-5B-104 - Application to Indian tribes.

Full text of South Dakota South Dakota Codified Laws § 26-5B-104 — Application to Indian tribes., with citation guidance and answers to common questions.

§ 26-5B-104. Application to Indian tribes.

(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2.

(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.

Source: SL 2005, ch 137, § 4.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 26-5B-104

What does South Dakota Codified Laws § 26-5B-104 cover?

Section 26-5B-104 ("Application to Indian tribes.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 26-5B-104?

A common citation format is "South Dakota Codified Laws § 26-5B-104" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 26-5B-104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.