-CITE-
    25 USC CHAPTER 21 - INDIAN CHILD WELFARE                    01/03/2007
-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.                                         
    1912.       Pending court proceedings.                            
    1913.       Parental rights; voluntary termination.               
    1914.       Petition to court of competent jurisdiction to
                 invalidate action upon showing of certain violations.
    1915.       Placement of Indian children.                         
    1916.       Return of custody.                                    
    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.                                         
    1919.       Agreements between States and Indian tribes.          
    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.                                       
    1932.       Grants for off-reservation programs for additional
                 services.                                            
    1933.       Funds for on and off reservation programs.            
    1934.       "Indian" defined for certain purposes.                
       SUBCHAPTER III - RECORDKEEPING, INFORMATION AVAILABILITY, AND
                                TIMETABLES
    1951.       Information availability to and disclosure by
                 Secretary.                                           
    1952.       Rules and regulations.                                
                 SUBCHAPTER IV - MISCELLANEOUS PROVISIONS             
    1961.       Locally convenient day schools.                       
    1962.       Copies to the States.                                 
    1963.       Severability.                                         
-End-
-CITE-
    25 USC Sec. 1901                                            01/03/2007
-EXPCITE-
    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                                            01/03/2007
-EXPCITE-
    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                                            01/03/2007
-EXPCITE-
    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.)
-End-
-CITE-
    25 USC SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS             01/03/2007
-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                                            01/03/2007
-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.)
-End-
-CITE-
    25 USC Sec. 1912                                            01/03/2007
-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.)
-End-
-CITE-
    25 USC Sec. 1913                                            01/03/2007
-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.)
-End-
-CITE-
    25 USC Sec. 1914                                            01/03/2007
-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                                            01/03/2007
-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                                            01/03/2007
-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                                            01/03/2007
-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                                            01/03/2007
-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.
-End-
-CITE-
    25 USC Sec. 1919                                            01/03/2007
-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.)
-End-
-CITE-
    25 USC Sec. 1920                                            01/03/2007
-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                                            01/03/2007
-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                                            01/03/2007
-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                                            01/03/2007
-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     01/03/2007
-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                                            01/03/2007
-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                                            01/03/2007
-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.)
-End-
-CITE-
    25 USC Sec. 1933                                            01/03/2007
-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.
-End-
-CITE-
    25 USC Sec. 1934                                            01/03/2007
-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                    01/03/2007
-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                                            01/03/2007
-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                                            01/03/2007
-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             01/03/2007
-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 21 - INDIAN CHILD WELFARE
    SUBCHAPTER IV - MISCELLANEOUS PROVISIONS
-HEAD-
                 SUBCHAPTER IV - MISCELLANEOUS PROVISIONS             
-End-
-CITE-
    25 USC Sec. 1961                                            01/03/2007
-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                                            01/03/2007
-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                                            01/03/2007
-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-