Page 563 TITLE 25—INDIANS § 1915

may be appropriated pursuant to section 13 of

this title.

(c) Examination of reports or other documents

Each party to a foster care placement or termination of parental rights proceeding under

State law involving an Indian child shall have

the right to examine all reports or other documents filed with the court upon which any decision with respect to such action may be based.

(d) Remedial services and rehabilitative programs; preventive measures

Any party seeking to effect a foster care

placement of, or termination of parental rights

to, an Indian child under State law shall satisfy

the court that active efforts have been made to

provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved

unsuccessful.

(e) Foster care placement orders; evidence; determination of damage to child

No foster care placement may be ordered in

such proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert

witnesses, that the continued custody of the

child by the parent or Indian custodian is likely

to result in serious emotional or physical damage to the child.

(f) Parental rights termination orders; evidence;

determination of damage to child

No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a

reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or

physical damage to the child.

(Pub. L. 95–608, title I, §102, Nov. 8, 1978, 92 Stat.

3071.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1914, 1916 of this

title.

§ 1913. Parental rights; voluntary termination

(a) Consent; record; certification matters; invalid

consents

Where any parent or Indian custodian voluntarily consents to a foster care placement or to

termination of parental rights, such consent

shall not be valid unless executed in writing and

recorded before a judge of a court of competent

jurisdiction and accompanied by the presiding

judge’s certificate that the terms and consequences of the consent were fully explained in

detail and were fully understood by the parent

or Indian custodian. The court shall also certify

that either the parent or Indian custodian fully

understood the explanation in English or that it

was interpreted into a language that the parent

or Indian custodian understood. Any consent

given prior to, or within ten days after, birth of

the Indian child shall not be valid.

(b) Foster care placement; withdrawal of consent

Any parent or Indian custodian may withdraw

consent to a foster care placement under State

law at any time and, upon such withdrawal, the

child shall be returned to the parent or Indian

custodian.

(c) Voluntary termination of parental rights or

adoptive placement; withdrawal of consent;

return of custody

In any voluntary proceeding for termination

of parental rights to, or adoptive placement of,

an Indian child, the consent of the parent may

be withdrawn for any reason at any time prior

to the entry of a final decree of termination or

adoption, as the case may be, and the child shall

be returned to the parent.

(d) Collateral attack; vacation of decree and return of custody; limitations

After the entry of a final decree of adoption of

an Indian child in any State court, the parent

may withdraw consent thereto upon the grounds

that consent was obtained through fraud or duress and may petition the court to vacate such

decree. Upon a finding that such consent was obtained through fraud or duress, the court shall

vacate such decree and return the child to the

parent. No adoption which has been effective for

at least two years may be invalidated under the

provisions of this subsection unless otherwise

permitted under State law.

(Pub. L. 95–608, title I, §103, Nov. 8, 1978, 92 Stat.

3072.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1914 of this title.

§ 1914. Petition to court of competent jurisdiction

to invalidate action upon showing of certain

violations

Any Indian child who is the subject of any action for foster care placement or termination of

parental rights under State law, any parent or

Indian custodian from whose custody such child

was removed, and the Indian child’s tribe may

petition any court of competent jurisdiction to

invalidate such action upon a showing that such

action violated any provision of sections 1911,

1912, and 1913 of this title.

(Pub. L. 95–608, title I, §104, Nov. 8, 1978, 92 Stat.

3072.)

§ 1915. Placement of Indian children

(a) Adoptive placements; preferences

In any adoptive placement of an Indian child

under State law, a preference shall be given, in

the absence of good cause to the contrary, to a

placement with (1) a member of the child’s extended family; (2) other members of the Indian

child’s tribe; or (3) other Indian families.

(b) Foster care or preadoptive placements; criteria; preferences

Any child accepted for foster care or preadoptive placement shall be placed in the least

restrictive setting which most approximates a

family and in which his special needs, if any,

may be met. The child shall also be placed within reasonable proximity to his or her home, taking into account any special needs of the child.

In any foster care or preadoptive placement, a

preference shall be given, in the absence of good

cause to the contrary, to a placement with—