Page 565 TITLE 25—INDIANS § 1923

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.

(Pub. L. 95–608, title I, §108, Nov. 8, 1978, 92 Stat.

3074.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

§ 1919. Agreements between States and Indian

tribes

(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.

(Pub. L. 95–608, title I, §109, Nov. 8, 1978, 92 Stat.

3074.)

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

§ 1920. Improper removal of child from custody;

declination of jurisdiction; forthwith return

of child: danger exception

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.

(Pub. L. 95–608, title I, §110, Nov. 8, 1978, 92 Stat.

3075.)

§ 1921. Higher State or Federal standard applicable to protect rights of parent or Indian custodian of Indian child

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.

(Pub. L. 95–608, title I, §111, Nov. 8, 1978, 92 Stat.

3075.)

§ 1922. Emergency removal or placement of child;

termination; appropriate action

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.

(Pub. L. 95–608, title I, §112, Nov. 8, 1978, 92 Stat.

3075.)

§ 1923. Effective date

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.