§ 1911 TITLE 25—INDIANS Page 562

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.

(Pub. L. 95–608, §4, Nov. 8, 1978, 92 Stat. 3069.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1727, 3202 of this

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

SUBCHAPTER I—CHILD CUSTODY

PROCEEDINGS

§ 1911. Indian tribe jurisdiction over Indian child

custody proceedings

(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.

(Pub. L. 95–608, title I, §101, Nov. 8, 1978, 92 Stat.

3071.)

SECTION REFERRED TO IN OTHER SECTIONS

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

of this title.

§ 1912. Pending court proceedings

(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