Page 561 TITLE 25—INDIANS § 1903

1So in original. Probably should be capitalized.

Sec.

(b) Disclosure of information for enrollment of Indian child in tribe or for

determination of member rights or

benefits; certification of entitlement to enrollment.

1952. Rules and regulations.

SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

1961. Locally convenient day schools.

(a) Sense of Congress.

(b) Report to Congress; contents, etc.

1962. Copies to States.

1963. Severability.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 941h, 1300j–7,

1653, 1727 of this title; title 42 sections 622, 674, 1996b.

§ 1901. Congressional findings

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.

(Pub. L. 95–608, §2, Nov. 8, 1978, 92 Stat. 3069.)

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’.’’

§ 1902. Congressional declaration of policy

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.

(Pub. L. 95–608, §3, Nov. 8, 1978, 92 Stat. 3069.)

§ 1903. Definitions

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