§ 1852 TITLE 25—INDIANS Page 560

reading ‘‘this title’’ to reflect the probable intent of

Congress because title IV of Pub. L. 95–471, which comprises this subchapter, does not contain parts.

EFFECTIVE DATE

Subchapter effective July 1, 1991, see section 702(a) of

Pub. L. 101–392, set out as an Effective Date of 1990

Amendment note under section 2301 of Title 20, Education.

SHORT TITLE

For short title of title IV of Pub. L. 95–471, which enacted this subchapter, as the ‘‘Tribal Economic Development and Technology Related Education Assistance

Act of 1990’’, see section 401 of Pub. L. 95–471, set out as

a Short Title of 1990 Amendment note under section

1801 of this title.

§ 1852. Authorization of appropriations

There are authorized to be appropriated for

grants under this subchapter, $2,000,000 for fiscal

year 1993 and such sums as may be necessary for

each of the 4 succeeding fiscal years.

(Pub. L. 95–471, title IV, §403, as added Pub. L.

101–392, title III, §312, Sept. 25, 1990, 104 Stat. 805;

amended Pub. L. 102–325, title XIII, §1301(c), July

23, 1992, 106 Stat. 797.)

AMENDMENTS

1992—Pub. L. 102–325 amended section generally, substituting provisions authorizing appropriations for fiscal years 1993 to 1997 for provisions authorizing appropriations for fiscal years 1991 to 1996.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–325 effective Oct. 1, 1992,

see section 2 of Pub. L. 102–325, set out as a note under

section 1001 of Title 20, Education.

CHAPTER 21—INDIAN CHILD WELFARE

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.

Sec.

(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.