US (United States) Code. Title 25. Chapter 21: Indian child welfare

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 21 - INDIAN CHILD WELFARE 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

-HEAD-

CHAPTER 21 - INDIAN CHILD WELFARE

-MISC1-

Sec.

1901. Congressional findings.

1902. Congressional declaration of policy.

1903. Definitions.

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

1911. Indian tribe jurisdiction over Indian child custody

proceedings.

(a) Exclusive jurisdiction.

(b) Transfer of proceedings; declination by tribal

court.

(c) State court proceedings; intervention.

(d) Full faith and credit to public acts, records,

and judicial proceedings of Indian tribes.

1912. Pending court proceedings.

(a) Notice; time for commencement of proceedings;

additional time for preparation.

(b) Appointment of counsel.

(c) Examination of reports or other documents.

(d) Remedial services and rehabilitative programs;

preventive measures.

(e) Foster care placement orders; evidence;

determination of damage to child.

(f) Parental rights termination orders; evidence;

determination of damage to child.

1913. Parental rights; voluntary termination.

(a) Consent; record; certification matters; invalid

consents.

(b) Foster care placement; withdrawal of consent.

(c) Voluntary termination of parental rights or

adoptive placement; withdrawal of consent;

return of custody.

(d) Collateral attack; vacation of decree and

return of custody; limitations.

1914. Petition to court of competent jurisdiction to

invalidate action upon showing of certain violations.

1915. Placement of Indian children.

(a) Adoptive placements; preferences.

(b) Foster care or preadoptive placements;

criteria; preferences.

(c) Tribal resolution for different order of

preference; personal preference considered;

anonymity in application of preferences.

(d) Social and cultural standards applicable.

(e) Record of placement; availability.

1916. Return of custody.

(a) Petition; best interests of child.

(b) Removal from foster care home; placement

procedure.

1917. Tribal affiliation information and other information

for protection of rights from tribal relationship;

application of subject of adoptive placement;

disclosure by court.

1918. Reassumption of jurisdiction over child custody

proceedings.

(a) Petition; suitable plan; approval by Secretary.

(b) Criteria applicable to consideration by

Secretary; partial retrocession.

(c) Approval of petition; publication in Federal

Register; notice; reassumption period;

correction of causes for disapproval.

(d) Pending actions or proceedings unaffected.

1919. Agreements between States and Indian tribes.

(a) Subject coverage.

(b) Revocation; notice; actions or proceedings

unaffected.

1920. Improper removal of child from custody; declination of

jurisdiction; forthwith return of child: danger

exception.

1921. Higher State or Federal standard applicable to protect

rights of parent or Indian custodian of Indian child.

1922. Emergency removal or placement of child; termination;

appropriate action.

1923. Effective date.

SUBCHAPTER II - INDIAN CHILD AND FAMILY PROGRAMS

1931. Grants for on or near reservation programs and child

welfare codes.

(a) Statement of purpose; scope of programs.

(b) Non-Federal matching funds for related Social

Security or other Federal financial assistance

programs; assistance for such programs

unaffected; State licensing or approval for

qualification for assistance under federally

assisted program.

1932. Grants for off-reservation programs for additional

services.

1933. Funds for on and off reservation programs.

(a) Appropriated funds for similar programs of

Department of Health and Human Services;

appropriation in advance for payments.

(b) Appropriation authorization under section 13 of

this title.

1934. "Indian" defined for certain purposes.

SUBCHAPTER III - RECORDKEEPING, INFORMATION AVAILABILITY, AND

TIMETABLES

1951. Information availability to and disclosure by

Secretary.

(a) Copy of final decree or order; other

information; anonymity affidavit; exemption

from Freedom of Information Act.

(b) Disclosure of information for enrollment of

Indian child in tribe or for determination of

member rights or benefits; certification of

entitlement to enrollment.

1952. Rules and regulations.

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

1961. Locally convenient day schools.

(a) Sense of Congress.

(b) Report to Congress; contents, etc.

1962. Copies to States.

1963. Severability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 941h, 1300j-7, 1653, 1727

of this title; title 42 sections 622, 674, 1996b, 14953.

-End-

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25 USC Sec. 1901 01/06/03

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TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

-HEAD-

Sec. 1901. Congressional findings

-STATUTE-

Recognizing the special relationship between the United States

and the Indian tribes and their members and the Federal

responsibility to Indian people, the Congress finds -

(1) that clause 3, section 8, article I of the United States

Constitution provides that "The Congress shall have Power * * *

To regulate Commerce * * * with Indian tribes (!1)" and, through

this and other constitutional authority, Congress has plenary

power over Indian affairs;

(2) that Congress, through statutes, treaties, and the general

course of dealing with Indian tribes, has assumed the

responsibility for the protection and preservation of Indian

tribes and their resources;

(3) that there is no resource that is more vital to the

continued existence and integrity of Indian tribes than their

children and that the United States has a direct interest, as

trustee, in protecting Indian children who are members of or are

eligible for membership in an Indian tribe;

(4) that an alarmingly high percentage of Indian families are

broken up by the removal, often unwarranted, of their children

from them by nontribal public and private agencies and that an

alarmingly high percentage of such children are placed in

non-Indian foster and adoptive homes and institutions; and

(5) that the States, exercising their recognized jurisdiction

over Indian child custody proceedings through administrative and

judicial bodies, have often failed to recognize the essential

tribal relations of Indian people and the cultural and social

standards prevailing in Indian communities and families.

-SOURCE-

(Pub. L. 95-608, Sec. 2, Nov. 8, 1978, 92 Stat. 3069.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 95-608 provided: "That this Act [enacting

this chapter] may be cited as the 'Indian Child Welfare Act of

1978'."

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

25 USC Sec. 1902 01/06/03

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TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

-HEAD-

Sec. 1902. Congressional declaration of policy

-STATUTE-

The Congress hereby declares that it is the policy of this Nation

to protect the best interests of Indian children and to promote the

stability and security of Indian tribes and families by the

establishment of minimum Federal standards for the removal of

Indian children from their families and the placement of such

children in foster or adoptive homes which will reflect the unique

values of Indian culture, and by providing for assistance to Indian

tribes in the operation of child and family service programs.

-SOURCE-

(Pub. L. 95-608, Sec. 3, Nov. 8, 1978, 92 Stat. 3069.)

-End-

-CITE-

25 USC Sec. 1903 01/06/03

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TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

-HEAD-

Sec. 1903. Definitions

-STATUTE-

For the purposes of this chapter, except as may be specifically

provided otherwise, the term -

(1) "child custody proceeding" shall mean and include -

(i) "foster care placement" which shall mean any action

removing an Indian child from its parent or Indian custodian

for temporary placement in a foster home or institution or the

home of a guardian or conservator where the parent or Indian

custodian cannot have the child returned upon demand, but where

parental rights have not been terminated;

(ii) "termination of parental rights" which shall mean any

action resulting in the termination of the parent-child

relationship;

(iii) "preadoptive placement" which shall mean the temporary

placement of an Indian child in a foster home or institution

after the termination of parental rights, but prior to or in

lieu of adoptive placement; and

(iv) "adoptive placement" which shall mean the permanent

placement of an Indian child for adoption, including any action

resulting in a final decree of adoption.

Such term or terms shall not include a placement based upon an

act which, if committed by an adult, would be deemed a crime or

upon an award, in a divorce proceeding, of custody to one of the

parents.

(2) "extended family member" shall be as defined by the law or

custom of the Indian child's tribe or, in the absence of such law

or custom, shall be a person who has reached the age of eighteen

and who is the Indian child's grandparent, aunt or uncle, brother

or sister, brother-in-law or sister-in-law, niece or nephew,

first or second cousin, or stepparent;

(3) "Indian" means any person who is a member of an Indian

tribe, or who is an Alaska Native and a member of a Regional

Corporation as defined in 1606 of title 43;

(4) "Indian child" means any unmarried person who is under age

eighteen and is either (a) a member of an Indian tribe or (b) is

eligible for membership in an Indian tribe and is the biological

child of a member of an Indian tribe;

(5) "Indian child's tribe" means (a) the Indian tribe in which

an Indian child is a member or eligible for membership or (b), in

the case of an Indian child who is a member of or eligible for

membership in more than one tribe, the Indian tribe with which

the Indian child has the more significant contacts;

(6) "Indian custodian" means any Indian person who has legal

custody of an Indian child under tribal law or custom or under

State law or to whom temporary physical care, custody, and

control has been transferred by the parent of such child;

(7) "Indian organization" means any group, association,

partnership, corporation, or other legal entity owned or

controlled by Indians, or a majority of whose members are

Indians;

(8) "Indian tribe" means any Indian tribe, band, nation, or

other organized group or community of Indians recognized as

eligible for the services provided to Indians by the Secretary

because of their status as Indians, including any Alaska Native

village as defined in section 1602(c) of title 43;

(9) "parent" means any biological parent or parents of an

Indian child or any Indian person who has lawfully adopted an

Indian child, including adoptions under tribal law or custom. It

does not include the unwed father where paternity has not been

acknowledged or established;

(10) "reservation" means Indian country as defined in section

1151 of title 18 and any lands, not covered under such section,

title to which is either held by the United States in trust for

the benefit of any Indian tribe or individual or held by any

Indian tribe or individual subject to a restriction by the United

States against alienation;

(11) "Secretary" means the Secretary of the Interior; and

(12) "tribal court" means a court with jurisdiction over child

custody proceedings and which is either a Court of Indian

Offenses, a court established and operated under the code or

custom of an Indian tribe, or any other administrative body of a

tribe which is vested with authority over child custody

proceedings.

-SOURCE-

(Pub. L. 95-608, Sec. 4, Nov. 8, 1978, 92 Stat. 3069.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1727, 3202, 3653, 4302 of

this title; title 12 section 4702; title 26 section 168.

-End-

-CITE-

25 USC SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-End-

-CITE-

25 USC Sec. 1911 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1911. Indian tribe jurisdiction over Indian child custody

proceedings

-STATUTE-

(a) Exclusive jurisdiction

An Indian tribe shall have jurisdiction exclusive as to any State

over any child custody proceeding involving an Indian child who

resides or is domiciled within the reservation of such tribe,

except where such jurisdiction is otherwise vested in the State by

existing Federal law. Where an Indian child is a ward of a tribal

court, the Indian tribe shall retain exclusive jurisdiction,

notwithstanding the residence or domicile of the child.

(b) Transfer of proceedings; declination by tribal court

In any State court proceeding for the foster care placement of,

or termination of parental rights to, an Indian child not domiciled

or residing within the reservation of the Indian child's tribe, the

court, in the absence of good cause to the contrary, shall transfer

such proceeding to the jurisdiction of the tribe, absent objection

by either parent, upon the petition of either parent or the Indian

custodian or the Indian child's tribe: Provided, That such transfer

shall be subject to declination by the tribal court of such tribe.

(c) State court proceedings; intervention

In any State court proceeding for the foster care placement of,

or termination of parental rights to, an Indian child, the Indian

custodian of the child and the Indian child's tribe shall have a

right to intervene at any point in the proceeding.

(d) Full faith and credit to public acts, records, and judicial

proceedings of Indian tribes

The United States, every State, every territory or possession of

the United States, and every Indian tribe shall give full faith and

credit to the public acts, records, and judicial proceedings of any

Indian tribe applicable to Indian child custody proceedings to the

same extent that such entities give full faith and credit to the

public acts, records, and judicial proceedings of any other entity.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 101, Nov. 8, 1978, 92 Stat. 3071.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1914, 1918, 1923 of this

title.

-End-

-CITE-

25 USC Sec. 1912 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1912. Pending court proceedings

-STATUTE-

(a) Notice; time for commencement of proceedings; additional time

for preparation

In any involuntary proceeding in a State court, where the court

knows or has reason to know that an Indian child is involved, the

party seeking the foster care placement of, or termination of

parental rights to, an Indian child shall notify the parent or

Indian custodian and the Indian child's tribe, by registered mail

with return receipt requested, of the pending proceedings and of

their right of intervention. If the identity or location of the

parent or Indian custodian and the tribe cannot be determined, such

notice shall be given to the Secretary in like manner, who shall

have fifteen days after receipt to provide the requisite notice to

the parent or Indian custodian and the tribe. No foster care

placement or termination of parental rights proceeding shall be

held until at least ten days after receipt of notice by the parent

or Indian custodian and the tribe or the Secretary: Provided, That

the parent or Indian custodian or the tribe shall, upon request, be

granted up to twenty additional days to prepare for such

proceeding.

(b) Appointment of counsel

In any case in which the court determines indigency, the parent

or Indian custodian shall have the right to court-appointed counsel

in any removal, placement, or termination proceeding. The court

may, in its discretion, appoint counsel for the child upon a

finding that such appointment is in the best interest of the child.

Where State law makes no provision for appointment of counsel in

such proceedings, the court shall promptly notify the Secretary

upon appointment of counsel, and the Secretary, upon certification

of the presiding judge, shall pay reasonable fees and expenses out

of funds which may be appropriated pursuant to section 13 of this

title.

(c) Examination of reports or other documents

Each party to a foster care placement or termination of parental

rights proceeding under State law involving an Indian child shall

have the right to examine all reports or other documents filed with

the court upon which any decision with respect to such action may

be based.

(d) Remedial services and rehabilitative programs; preventive

measures

Any party seeking to effect a foster care placement of, or

termination of parental rights to, an Indian child under State law

shall satisfy the court that active efforts have been made to

provide remedial services and rehabilitative programs designed to

prevent the breakup of the Indian family and that these efforts

have proved unsuccessful.

(e) Foster care placement orders; evidence; determination of damage

to child

No foster care placement may be ordered in such proceeding in the

absence of a determination, supported by clear and convincing

evidence, including testimony of qualified expert witnesses, that

the continued custody of the child by the parent or Indian

custodian is likely to result in serious emotional or physical

damage to the child.

(f) Parental rights termination orders; evidence; determination of

damage to child

No termination of parental rights may be ordered in such

proceeding in the absence of a determination, supported by evidence

beyond a reasonable doubt, including testimony of qualified expert

witnesses, that the continued custody of the child by the parent or

Indian custodian is likely to result in serious emotional or

physical damage to the child.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 102, Nov. 8, 1978, 92 Stat. 3071.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1914, 1916 of this title.

-End-

-CITE-

25 USC Sec. 1913 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1913. Parental rights; voluntary termination

-STATUTE-

(a) Consent; record; certification matters; invalid consents

Where any parent or Indian custodian voluntarily consents to a

foster care placement or to termination of parental rights, such

consent shall not be valid unless executed in writing and recorded

before a judge of a court of competent jurisdiction and accompanied

by the presiding judge's certificate that the terms and

consequences of the consent were fully explained in detail and were

fully understood by the parent or Indian custodian. The court shall

also certify that either the parent or Indian custodian fully

understood the explanation in English or that it was interpreted

into a language that the parent or Indian custodian understood. Any

consent given prior to, or within ten days after, birth of the

Indian child shall not be valid.

(b) Foster care placement; withdrawal of consent

Any parent or Indian custodian may withdraw consent to a foster

care placement under State law at any time and, upon such

withdrawal, the child shall be returned to the parent or Indian

custodian.

(c) Voluntary termination of parental rights or adoptive placement;

withdrawal of consent; return of custody

In any voluntary proceeding for termination of parental rights

to, or adoptive placement of, an Indian child, the consent of the

parent may be withdrawn for any reason at any time prior to the

entry of a final decree of termination or adoption, as the case may

be, and the child shall be returned to the parent.

(d) Collateral attack; vacation of decree and return of custody;

limitations

After the entry of a final decree of adoption of an Indian child

in any State court, the parent may withdraw consent thereto upon

the grounds that consent was obtained through fraud or duress and

may petition the court to vacate such decree. Upon a finding that

such consent was obtained through fraud or duress, the court shall

vacate such decree and return the child to the parent. No adoption

which has been effective for at least two years may be invalidated

under the provisions of this subsection unless otherwise permitted

under State law.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 103, Nov. 8, 1978, 92 Stat. 3072.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1914 of this title.

-End-

-CITE-

25 USC Sec. 1914 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1914. Petition to court of competent jurisdiction to

invalidate action upon showing of certain violations

-STATUTE-

Any Indian child who is the subject of any action for foster care

placement or termination of parental rights under State law, any

parent or Indian custodian from whose custody such child was

removed, and the Indian child's tribe may petition any court of

competent jurisdiction to invalidate such action upon a showing

that such action violated any provision of sections 1911, 1912, and

1913 of this title.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 104, Nov. 8, 1978, 92 Stat. 3072.)

-End-

-CITE-

25 USC Sec. 1915 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1915. Placement of Indian children

-STATUTE-

(a) Adoptive placements; preferences

In any adoptive placement of an Indian child under State law, a

preference shall be given, in the absence of good cause to the

contrary, to a placement with (1) a member of the child's extended

family; (2) other members of the Indian child's tribe; or (3) other

Indian families.

(b) Foster care or preadoptive placements; criteria; preferences

Any child accepted for foster care or preadoptive placement shall

be placed in the least restrictive setting which most approximates

a family and in which his special needs, if any, may be met. The

child shall also be placed within reasonable proximity to his or

her home, taking into account any special needs of the child. In

any foster care or preadoptive placement, a preference shall be

given, in the absence of good cause to the contrary, to a placement

with -

(i) a member of the Indian child's extended family;

(ii) a foster home licensed, approved, or specified by the

Indian child's tribe;

(iii) an Indian foster home licensed or approved by an

authorized non-Indian licensing authority; or

(iv) an institution for children approved by an Indian tribe or

operated by an Indian organization which has a program suitable

to meet the Indian child's needs.

(c) Tribal resolution for different order of preference; personal

preference considered; anonymity in application of preferences

In the case of a placement under subsection (a) or (b) of this

section, if the Indian child's tribe shall establish a different

order of preference by resolution, the agency or court effecting

the placement shall follow such order so long as the placement is

the least restrictive setting appropriate to the particular needs

of the child, as provided in subsection (b) of this section. Where

appropriate, the preference of the Indian child or parent shall be

considered: Provided, That where a consenting parent evidences a

desire for anonymity, the court or agency shall give weight to such

desire in applying the preferences.

(d) Social and cultural standards applicable

The standards to be applied in meeting the preference

requirements of this section shall be the prevailing social and

cultural standards of the Indian community in which the parent or

extended family resides or with which the parent or extended family

members maintain social and cultural ties.

(e) Record of placement; availability

A record of each such placement, under State law, of an Indian

child shall be maintained by the State in which the placement was

made, evidencing the efforts to comply with the order of preference

specified in this section. Such record shall be made available at

any time upon the request of the Secretary or the Indian child's

tribe.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 105, Nov. 8, 1978, 92 Stat. 3073.)

-End-

-CITE-

25 USC Sec. 1916 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1916. Return of custody

-STATUTE-

(a) Petition; best interests of child

Notwithstanding State law to the contrary, whenever a final

decree of adoption of an Indian child has been vacated or set aside

or the adoptive parents voluntarily consent to the termination of

their parental rights to the child, a biological parent or prior

Indian custodian may petition for return of custody and the court

shall grant such petition unless there is a showing, in a

proceeding subject to the provisions of section 1912 of this title,

that such return of custody is not in the best interests of the

child.

(b) Removal from foster care home; placement procedure

Whenever an Indian child is removed from a foster care home or

institution for the purpose of further foster care, preadoptive, or

adoptive placement, such placement shall be in accordance with the

provisions of this chapter, except in the case where an Indian

child is being returned to the parent or Indian custodian from

whose custody the child was originally removed.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 106, Nov. 8, 1978, 92 Stat. 3073.)

-End-

-CITE-

25 USC Sec. 1917 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1917. Tribal affiliation information and other information for

protection of rights from tribal relationship; application of

subject of adoptive placement; disclosure by court

-STATUTE-

Upon application by an Indian individual who has reached the age

of eighteen and who was the subject of an adoptive placement, the

court which entered the final decree shall inform such individual

of the tribal affiliation, if any, of the individual's biological

parents and provide such other information as may be necessary to

protect any rights flowing from the individual's tribal

relationship.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 107, Nov. 8, 1978, 92 Stat. 3073.)

-End-

-CITE-

25 USC Sec. 1918 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1918. Reassumption of jurisdiction over child custody

proceedings

-STATUTE-

(a) Petition; suitable plan; approval by Secretary

Any Indian tribe which became subject to State jurisdiction

pursuant to the provisions of the Act of August 15, 1953 (67 Stat.

588), as amended by title IV of the Act of April 11, 1968 (82 Stat.

73, 78), or pursuant to any other Federal law, may reassume

jurisdiction over child custody proceedings. Before any Indian

tribe may reassume jurisdiction over Indian child custody

proceedings, such tribe shall present to the Secretary for approval

a petition to reassume such jurisdiction which includes a suitable

plan to exercise such jurisdiction.

(b) Criteria applicable to consideration by Secretary; partial

retrocession

(1) In considering the petition and feasibility of the plan of a

tribe under subsection (a) of this section, the Secretary may

consider, among other things:

(i) whether or not the tribe maintains a membership roll or

alternative provision for clearly identifying the persons who

will be affected by the reassumption of jurisdiction by the

tribe;

(ii) the size of the reservation or former reservation area

which will be affected by retrocession and reassumption of

jurisdiction by the tribe;

(iii) the population base of the tribe, or distribution of the

population in homogeneous communities or geographic areas; and

(iv) the feasibility of the plan in cases of multitribal

occupation of a single reservation or geographic area.

(2) In those cases where the Secretary determines that the

jurisdictional provisions of section 1911(a) of this title are not

feasible, he is authorized to accept partial retrocession which

will enable tribes to exercise referral jurisdiction as provided in

section 1911(b) of this title, or, where appropriate, will allow

them to exercise exclusive jurisdiction as provided in section

1911(a) of this title over limited community or geographic areas

without regard for the reservation status of the area affected.

(c) Approval of petition; publication in Federal Register; notice;

reassumption period; correction of causes for disapproval

If the Secretary approves any petition under subsection (a) of

this section, the Secretary shall publish notice of such approval

in the Federal Register and shall notify the affected State or

States of such approval. The Indian tribe concerned shall reassume

jurisdiction sixty days after publication in the Federal Register

of notice of approval. If the Secretary disapproves any petition

under subsection (a) of this section, the Secretary shall provide

such technical assistance as may be necessary to enable the tribe

to correct any deficiency which the Secretary identified as a cause

for disapproval.

(d) Pending actions or proceedings unaffected

Assumption of jurisdiction under this section shall not affect

any action or proceeding over which a court has already assumed

jurisdiction, except as may be provided pursuant to any agreement

under section 1919 of this title.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 108, Nov. 8, 1978, 92 Stat. 3074.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 15, 1953, referred to in subsec. (a), is act Aug.

15, 1953, ch. 505, 67 Stat. 588, as amended, which enacted section

1162 of Title 18, Crimes and Criminal Procedure, section 1360 of

Title 28, Judiciary and Judicial Procedure, and provisions set out

as notes under section 1360 of Title 28. For complete

classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1727, 1923 of this title.

-End-

-CITE-

25 USC Sec. 1919 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1919. Agreements between States and Indian tribes

-STATUTE-

(a) Subject coverage

States and Indian tribes are authorized to enter into agreements

with each other respecting care and custody of Indian children and

jurisdiction over child custody proceedings, including agreements

which may provide for orderly transfer of jurisdiction on a

case-by-case basis and agreements which provide for concurrent

jurisdiction between States and Indian tribes.

(b) Revocation; notice; actions or proceedings unaffected

Such agreements may be revoked by either party upon one hundred

and eighty days' written notice to the other party. Such revocation

shall not affect any action or proceeding over which a court has

already assumed jurisdiction, unless the agreement provides

otherwise.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 109, Nov. 8, 1978, 92 Stat. 3074.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1918, 1923 of this title.

-End-

-CITE-

25 USC Sec. 1920 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1920. Improper removal of child from custody; declination of

jurisdiction; forthwith return of child: danger exception

-STATUTE-

Where any petitioner in an Indian child custody proceeding before

a State court has improperly removed the child from custody of the

parent or Indian custodian or has improperly retained custody after

a visit or other temporary relinquishment of custody, the court

shall decline jurisdiction over such petition and shall forthwith

return the child to his parent or Indian custodian unless returning

the child to his parent or custodian would subject the child to a

substantial and immediate danger or threat of such danger.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 110, Nov. 8, 1978, 92 Stat. 3075.)

-End-

-CITE-

25 USC Sec. 1921 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1921. Higher State or Federal standard applicable to protect

rights of parent or Indian custodian of Indian child

-STATUTE-

In any case where State or Federal law applicable to a child

custody proceeding under State or Federal law provides a higher

standard of protection to the rights of the parent or Indian

custodian of an Indian child than the rights provided under this

subchapter, the State or Federal court shall apply the State or

Federal standard.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 111, Nov. 8, 1978, 92 Stat. 3075.)

-End-

-CITE-

25 USC Sec. 1922 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1922. Emergency removal or placement of child; termination;

appropriate action

-STATUTE-

Nothing in this subchapter shall be construed to prevent the

emergency removal of an Indian child who is a resident of or is

domiciled on a reservation, but temporarily located off the

reservation, from his parent or Indian custodian or the emergency

placement of such child in a foster home or institution, under

applicable State law, in order to prevent imminent physical damage

or harm to the child. The State authority, official, or agency

involved shall insure that the emergency removal or placement

terminates immediately when such removal or placement is no longer

necessary to prevent imminent physical damage or harm to the child

and shall expeditiously initiate a child custody proceeding subject

to the provisions of this subchapter, transfer the child to the

jurisdiction of the appropriate Indian tribe, or restore the child

to the parent or Indian custodian, as may be appropriate.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 112, Nov. 8, 1978, 92 Stat. 3075.)

-End-

-CITE-

25 USC Sec. 1923 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1923. Effective date

-STATUTE-

None of the provisions of this subchapter, except sections

1911(a), 1918, and 1919 of this title, shall affect a proceeding

under State law for foster care placement, termination of parental

rights, preadoptive placement, or adoptive placement which was

initiated or completed prior to one hundred and eighty days after

November 8, 1978, but shall apply to any subsequent proceeding in

the same matter or subsequent proceedings affecting the custody or

placement of the same child.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 113, Nov. 8, 1978, 92 Stat. 3075.)

-End-

-CITE-

25 USC SUBCHAPTER II - INDIAN CHILD AND FAMILY PROGRAMS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER II - INDIAN CHILD AND FAMILY PROGRAMS

-HEAD-

SUBCHAPTER II - INDIAN CHILD AND FAMILY PROGRAMS

-End-

-CITE-

25 USC Sec. 1931 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER II - INDIAN CHILD AND FAMILY PROGRAMS

-HEAD-

Sec. 1931. Grants for on or near reservation programs and child

welfare codes

-STATUTE-

(a) Statement of purpose; scope of programs

The Secretary is authorized to make grants to Indian tribes and

organizations in the establishment and operation of Indian child

and family service programs on or near reservations and in the

preparation and implementation of child welfare codes. The

objective of every Indian child and family service program shall be

to prevent the breakup of Indian families and, in particular, to

insure that the permanent removal of an Indian child from the

custody of his parent or Indian custodian shall be a last resort.

Such child and family service programs may include, but are not

limited to -

(1) a system for licensing or otherwise regulating Indian

foster and adoptive homes;

(2) the operation and maintenance of facilities for the

counseling and treatment of Indian families and for the temporary

custody of Indian children;

(3) family assistance, including homemaker and home counselors,

day care, afterschool care, and employment, recreational

activities, and respite care;

(4) home improvement programs;

(5) the employment of professional and other trained personnel

to assist the tribal court in the disposition of domestic

relations and child welfare matters;

(6) education and training of Indians, including tribal court

judges and staff, in skills relating to child and family

assistance and service programs;

(7) a subsidy program under which Indian adoptive children may

be provided support comparable to that for which they would be

eligible as foster children, taking into account the appropriate

State standards of support for maintenance and medical needs; and

(8) guidance, legal representation, and advice to Indian

families involved in tribal, State, or Federal child custody

proceedings.

(b) Non-Federal matching funds for related Social Security or other

Federal financial assistance programs; assistance for such

programs unaffected; State licensing or approval for

qualification for assistance under federally assisted program

Funds appropriated for use by the Secretary in accordance with

this section may be utilized as non-Federal matching share in

connection with funds provided under titles IV-B and XX of the

Social Security Act [42 U.S.C. 620 et seq., 1397 et seq.] or under

any other Federal financial assistance programs which contribute to

the purpose for which such funds are authorized to be appropriated

for use under this chapter. The provision or possibility of

assistance under this chapter shall not be a basis for the denial

or reduction of any assistance otherwise authorized under titles

IV-B and XX of the Social Security Act or any other federally

assisted program. For purposes of qualifying for assistance under a

federally assisted program, licensing or approval of foster or

adoptive homes or institutions by an Indian tribe shall be deemed

equivalent to licensing or approval by a State.

-SOURCE-

(Pub. L. 95-608, title II, Sec. 201, Nov. 8, 1978, 92 Stat. 3075.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Titles IV-B and XX of

the Social Security Act are classified generally to part B (Sec.

620 et seq.) of subchapter IV and subchapter XX (Sec. 1397 et seq.)

of chapter 7 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see section 1305

of Title 42 and Tables.

-End-

-CITE-

25 USC Sec. 1932 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER II - INDIAN CHILD AND FAMILY PROGRAMS

-HEAD-

Sec. 1932. Grants for off-reservation programs for additional

services

-STATUTE-

The Secretary is also authorized to make grants to Indian

organizations to establish and operate off-reservation Indian child

and family service programs which may include, but are not limited

to -

(1) a system for regulating, maintaining, and supporting Indian

foster and adoptive homes, including a subsidy program under

which Indian adoptive children may be provided support comparable

to that for which they would be eligible as Indian foster

children, taking into account the appropriate State standards of

support for maintenance and medical needs;

(2) the operation and maintenance of facilities and services

for counseling and treatment of Indian families and Indian foster

and adoptive children;

(3) family assistance, including homemaker and home counselors,

day care, afterschool care, and employment, recreational

activities, and respite care; and

(4) guidance, legal representation, and advice to Indian

families involved in child custody proceedings.

-SOURCE-

(Pub. L. 95-608, title II, Sec. 202, Nov. 8, 1978, 92 Stat. 3076.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1934 of this title.

-End-

-CITE-

25 USC Sec. 1933 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER II - INDIAN CHILD AND FAMILY PROGRAMS

-HEAD-

Sec. 1933. Funds for on and off reservation programs

-STATUTE-

(a) Appropriated funds for similar programs of Department of Health

and Human Services; appropriation in advance for payments

In the establishment, operation, and funding of Indian child and

family service programs, both on and off reservation, the Secretary

may enter into agreements with the Secretary of Health and Human

Services, and the latter Secretary is hereby authorized for such

purposes to use funds appropriated for similar programs of the

Department of Health and Human Services: Provided, That authority

to make payments pursuant to such agreements shall be effective

only to the extent and in such amounts as may be provided in

advance by appropriation Acts.

(b) Appropriation authorization under section 13 of this title

Funds for the purposes of this chapter may be appropriated

pursuant to the provisions of section 13 of this title.

-SOURCE-

(Pub. L. 95-608, title II, Sec. 203, Nov. 8, 1978, 92 Stat. 3076;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" and "Department of

Health and Human Services" substituted for "Secretary of Health,

Education, and Welfare" and "Department of Health, Education, and

Welfare", respectively, in subsec. (a) pursuant to section 509(b)

of Pub. L. 96-88, which is classified to section 3508(b) of Title

20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1934 of this title.

-End-

-CITE-

25 USC Sec. 1934 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER II - INDIAN CHILD AND FAMILY PROGRAMS

-HEAD-

Sec. 1934. "Indian" defined for certain purposes

-STATUTE-

For the purposes of sections 1932 and 1933 of this title, the

term "Indian" shall include persons defined in section 1603(c) of

this title.

-SOURCE-

(Pub. L. 95-608, title II, Sec. 204, Nov. 8, 1978, 92 Stat. 3077.)

-End-

-CITE-

25 USC SUBCHAPTER III - RECORDKEEPING, INFORMATION

AVAILABILITY, AND

TIMETABLES 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER III - RECORDKEEPING, INFORMATION AVAILABILITY, AND

TIMETABLES

-HEAD-

SUBCHAPTER III - RECORDKEEPING, INFORMATION AVAILABILITY, AND

TIMETABLES

-End-

-CITE-

25 USC Sec. 1951 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER III - RECORDKEEPING, INFORMATION AVAILABILITY, AND

TIMETABLES

-HEAD-

Sec. 1951. Information availability to and disclosure by Secretary

-STATUTE-

(a) Copy of final decree or order; other information; anonymity

affidavit; exemption from Freedom of Information Act

Any State court entering a final decree or order in any Indian

child adoptive placement after November 8, 1978, shall provide the

Secretary with a copy of such decree or order together with such

other information as may be necessary to show -

(1) the name and tribal affiliation of the child;

(2) the names and addresses of the biological parents;

(3) the names and addresses of the adoptive parents; and

(4) the identity of any agency having files or information

relating to such adoptive placement.

Where the court records contain an affidavit of the biological

parent or parents that their identity remain confidential, the

court shall include such affidavit with the other information. The

Secretary shall insure that the confidentiality of such information

is maintained and such information shall not be subject to the

Freedom of Information Act (5 U.S.C. 552), as amended.

(b) Disclosure of information for enrollment of Indian child in

tribe or for determination of member rights or benefits;

certification of entitlement to enrollment

Upon the request of the adopted Indian child over the age of

eighteen, the adoptive or foster parents of an Indian child, or an

Indian tribe, the Secretary shall disclose such information as may

be necessary for the enrollment of an Indian child in the tribe in

which the child may be eligible for enrollment or for determining

any rights or benefits associated with that membership. Where the

documents relating to such child contain an affidavit from the

biological parent or parents requesting anonymity, the Secretary

shall certify to the Indian child's tribe, where the information

warrants, that the child's parentage and other circumstances of

birth entitle the child to enrollment under the criteria

established by such tribe.

-SOURCE-

(Pub. L. 95-608, title III, Sec. 301, Nov. 8, 1978, 92 Stat. 3077.)

-End-

-CITE-

25 USC Sec. 1952 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER III - RECORDKEEPING, INFORMATION AVAILABILITY, AND

TIMETABLES

-HEAD-

Sec. 1952. Rules and regulations

-STATUTE-

Within one hundred and eighty days after November 8, 1978, the

Secretary shall promulgate such rules and regulations as may be

necessary to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 95-608, title III, Sec. 302, Nov. 8, 1978, 92 Stat. 3077.)

-End-

-CITE-

25 USC SUBCHAPTER IV - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-End-

-CITE-

25 USC Sec. 1961 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1961. Locally convenient day schools

-STATUTE-

(a) Sense of Congress

It is the sense of Congress that the absence of locally

convenient day schools may contribute to the breakup of Indian

families.

(b) Report to Congress; contents, etc.

The Secretary is authorized and directed to prepare, in

consultation with appropriate agencies in the Department of Health

and Human Services, a report on the feasibility of providing Indian

children with schools located near their homes, and to submit such

report to the Select Committee on Indian Affairs of the United

States Senate and the Committee on Interior and Insular Affairs of

the United States House of Representatives within two years from

November 8, 1978. In developing this report the Secretary shall

give particular consideration to the provision of educational

facilities for children in the elementary grades.

-SOURCE-

(Pub. L. 95-608, title IV, Sec. 401, Nov. 8, 1978, 92 Stat. 3078;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted for

"Department of Health, Education, and Welfare" in subsec. (b),

pursuant to section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

Select Committee on Indian Affairs of the Senate redesignated

Committee on Indian Affairs of the Senate by section 25 of Senate

Resolution No. 71, Feb. 25, 1993, One Hundred Third Congress.

Committee on Interior and Insular Affairs of the House of

Representatives changed to Committee on Natural Resources of the

House of Representatives on Jan. 5, 1993, by House Resolution No.

5, One Hundred Third Congress. Committee on Natural Resources of

House of Representatives treated as referring to Committee on

Resources of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress.

-End-

-CITE-

25 USC Sec. 1962 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1962. Copies to the States

-STATUTE-

Within sixty days after November 8, 1978, the Secretary shall

send to the Governor, chief justice of the highest court of appeal,

and the attorney general of each State a copy of this chapter,

together with committee reports and an explanation of the

provisions of this chapter.

-SOURCE-

(Pub. L. 95-608, title IV, Sec. 402, Nov. 8, 1978, 92 Stat. 3078.)

-End-

-CITE-

25 USC Sec. 1963 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1963. Severability

-STATUTE-

If any provision of this chapter or the applicability thereof is

held invalid, the remaining provisions of this chapter shall not be

affected thereby.

-SOURCE-

(Pub. L. 95-608, title IV, Sec. 403, Nov. 8, 1978, 92 Stat. 3078.)

-End-