Page 567 TITLE 25—INDIANS § 1962

(Pub. L. 95–608, title II, §203, Nov. 8, 1978, 92 Stat.

3076; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979,

93 Stat. 695.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 1934. ‘‘Indian’’ defined for certain purposes

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.

(Pub. L. 95–608, title II, §204, Nov. 8, 1978, 92 Stat.

3077.)

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

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.

(Pub. L. 95–608, title III, §301, Nov. 8, 1978, 92

Stat. 3077.)

§ 1952. Rules and regulations

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.

(Pub. L. 95–608, title III, §302, Nov. 8, 1978, 92

Stat. 3077.)

SUBCHAPTER IV—MISCELLANEOUS

PROVISIONS

§ 1961. Locally convenient day schools

(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.

(Pub. L. 95–608, title IV, §401, Nov. 8, 1978, 92

Stat. 3078; Pub. L. 96–88, title V, §509(b), Oct. 17,

1979, 93 Stat. 695.)

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.

§ 1962. Copies to the States

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.