I 

108TH CONGRESS 

1ST SESSION H. R. 2750

To make technical amendments to the Indian Child Welfare Act of 1978. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2003

Mr. YOUNG of Alaska (for himself, Mr. HAYWORTH, Mr. KILDEE, and Mr. 

ABERCROMBIE) introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To make technical amendments to the Indian Child Welfare 

Act of 1978.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Indian Child Welfare 

5 Act Amendments of 2003’’. 

6 SEC. 2. DECLARATION OF POLICY; APPLICABILITY. 

7 Section 3 of the Indian Child Welfare Act of 1978 

8 (25 U.S.C. 1902) is amended—

9 (1) by inserting ‘‘(a)’’ before ‘‘The Congress’’; 
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1 (2) by inserting ‘‘by preserving the sovereign 

2 authority of Indian tribes to regulate domestic rela3 tions involving tribal members,’’ after ‘‘families’’ the 

4 first place it appears; 

5 (3) by inserting ‘‘by assuring that Indian chil6 dren have the opportunity to develop or enhance 

7 their relationship with their families and Indian 

8 tribes’’ after ‘‘culture,’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(b) This Act shall apply to any Indian child involved 

11 in a child custody proceeding regardless of whether such 

12 child has ever been part of an Indian family or maintained 

13 a social or cultural relationship with an Indian tribe.’’. 

14 SEC. 3. JURISDICTION OVER CHILD CUSTODY AND CHILD 

15 ADOPTION PROCEEDINGS. 

16 Section 101(a) of the Indian Child Welfare Act of 

17 1978 (25 U.S.C. 1911(a)) is amended—

18 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

19 (2) by striking ‘‘except where such jurisdiction 

20 is otherwise vested in the State by existing Federal 

21 law’’, and inserting ‘‘except where jurisdiction over 

22 any such proceeding has been or is exercised by a 

23 State under existing Federal law’’; 
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1 (3) by inserting after ‘‘tribal court’’ the fol2 lowing: ‘‘or has become subject to a tribal court’s ju3 risdiction under subsection (b)’’ ; and 

4 (4) by adding at the end the following: 

5 ‘‘(2) Subject to sections 108(b) and 109, subsection 

6 (b) of this section, and paragraph (1) of this subsection, 

7 but notwithstanding the existence or absence of a reserva8 tion in Alaska, Indian tribes in Alaska shall have concur9 rent jurisdiction with the State of Alaska over child cus10 tody proceedings involving Indian children who reside or 

11 are domiciled within the State of Alaska. 

12 ‘‘(3) Subject to sections 108 and 109, and subsection 

13 (b) of this section, but notwithstanding paragraph (2) of 

14 this subsection, any person seeking to adopt an Indian 

15 child in an Alaska State court may petition the tribal court 

16 of the Indian child’s tribe, at any time, to approve the 

17 adoption and, upon said tribal court agreeing to hear and 

18 determine the petition, the adoptive placement proceedings 

19 shall be within the exclusive jurisdiction of the Indian 

20 child’s tribe. 

21 ‘‘(4) Nothing in paragraph (2) shall affect—

22 ‘‘(A) the right of any Indian tribe in Alaska to 

23 exercise jurisdiction, over any Indian child who re24 sides or is domiciled outside the State of Alaska—
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1 ‘‘(i) to make such child a ward of a 

2 tribal court in accordance with subsection 

3 (a)(1); or 

4 ‘‘(ii) pursuant to subsection (b); and 

5 ‘‘(B) the jurisdiction under paragraph (1) of 

6 any Indian tribe with a reservation within the exte7 rior boundaries of the State of Alaska.’’. 

8 SEC. 4. TRANSFER OF JURISDICTION TO TRIBAL COURT. 

9 Section 101(b) of the Indian Child Welfare Act of 

10 1978 (25 U.S.C. 1911(b)) is amended to read as follows: 

11 ‘‘(b) TRANSFER OF PROCEEDINGS; DECLINATION BY

12 COURT.—In any State court child custody proceeding in13 volving—

14 ‘‘(1) an Indian child not domiciled or residing 

15 within the reservation of the Indian child’s tribe or 

16 on any other lands described in a resolution of an 

17 Indian tribe adopted pursuant to section 108(c); or 

18 ‘‘(2) an Indian child domiciled or residing with19 in any of the areas described in subparagraph (A) 

20 in a State that, under existing Federal law, has ex21 ercised or is exercising jurisdiction over child cus22 tody proceedings arising within any such area, the 

23 State court shall transfer such proceeding to the ju24 risdiction of the Indian tribe, upon the petition of ei-
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1 ther parent, the Indian custodian, or the Indian 

2 child’s tribe, unless—

3 ‘‘(A) the tribal court of the Indian tribe 

4 declines the transfer of jurisdiction; 

5 ‘‘(B) such tribe or the tribal court of such 

6 tribe notifies such State court that the tribal 

7 court does not have subject matter jurisdiction;

8 ‘‘(C) in circumstances where the evidence 

9 necessary to decide the case cannot be ade10 quately presented in the tribal court without 

11 undue hardship to the parties or the witnesses, 

12 the tribal court is unable to mitigate such hard13 ship by making arrangements to receive and 

14 consider such evidence by remote communica15 tion, hearing the evidence at a location conven16 ient to the parties or the witnesses, or any 

17 other means permitted in the Indian tribe’s 

18 rules of evidence or discovery; or 

19 ‘‘(D) either parent objects to the transfer 

20 of jurisdiction and the objection is consistent 

21 with the findings and declaration of policy in 

22 sections 2 and 3.’’. 

23 SEC. 5. INTERVENTION IN STATE COURT PROCEEDINGS. 

24 Section 101(c) of the Indian Child Welfare Act of 

25 1978 (25 U.S.C. 1911(c)) is amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

2 (2) by striking ‘‘In any State court proceeding 

3 for the foster care placement of, or termination of 

4 parental rights to,’’ and inserting ‘‘Except as pro5 vided in section 103(e), in any State court child cus6 tody proceeding involving’’; 

7 (3) by inserting before the period at the end the 

8 following: ‘‘and any member of the Indian child’s ex9 tended family shall have a right to intervene in order 

10 to seek the placement of the child in accordance with 

11 section 105; and 

12 (4) by adding at the end the following: 

13 ‘‘(2) Any motion, application or other form of 

14 request to intervene in a child custody proceeding 

15 pursuant to paragraph (1) may be filed pro se or 

16 through legal counsel and representation of the in17 tervenor subsequent to intervention may proceed in 

18 the same manner.’’. 

19 SEC. 6. FULL FAITH AND CREDIT. 

20 Section 101(d) of the Indian Child Welfare Act of 

21 1978 (25 U.S.C. 1911(d)) is amended—

22 (1) by striking ‘‘and judicial proceedings’’ the 

23 first place it appears and inserting ‘‘judicial pro24 ceedings, and tribal court judgments’’; 
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1 (2) by inserting ‘‘and to such other proceedings, 

2 including divorce proceedings, as may involve the de3 termination of an Indian child’s custody’’ after ‘‘cus4 tody proceedings’’; and 

5 (3) by striking ‘‘and judicial proceedings’’ the 

6 second place it appears and inserting ‘‘judicial pro7 ceedings, and judgments’’. 

8 SEC. 7. PENDING INVOLUNTARY CHILD CUSTODY PRO9 CEEDINGS. 

10 Section 102 of the Indian Child Welfare Act of 1978 

11 (25 U.S.C. 1912) is amended—

12 (1) in subsection (a)— 

13 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

14 (B) by striking, in the first sentence, ‘‘or’’ 

15 the second place it appears; 

16 (C) by inserting, in the first sentence, ‘‘or 

17 adoptive’’ after ‘‘foster care’’; 

18 (D) by striking, in the first sentence, ‘‘reg19 istered’’ and inserting ‘‘certified’’; 

20 (E) by striking, in the third sentence, ‘‘or’’ 

21 after ‘‘No foster care placement’’ and inserting 

22 a comma; 

23 (F) by inserting, in the third sentence, ‘‘, 

24 or adoptive’’ after ‘‘foster care’’; and 

25 (G) by adding at the end the following: 
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1 ‘‘(2) Any involuntary child custody proceeding in a 

2 State court commenced prior to the birth of the Indian 

3 child shall not be valid. Nothing in this paragraph shall 

4 limit the authority of a State court to require that the 

5 prospective parent of an unborn Indian child receive reme6 dial and rehabilitative services designed to protect the 

7 health of such parent and unborn child and prevent the 

8 foster care or adoptive placement of such child after birth. 

9 ‘‘(3) Any notice provided under paragraph (1) shall 

10 contain the information required under section 114.’’; 

11 (2) in subsection (d) by adding at the end the 

12 following: ‘‘The active efforts required under this 

13 subsection shall not be abridged by any other Fed14 eral or State law and, in addition to the efforts to 

15 prevent family breakup required under any other 

16 Federal law, shall include the involvement and use 

17 of any available resources of the extended family, the 

18 Indian child’s tribe, Indian social service agencies, 

19 and Indian caregivers who have the expertise, as rec20 ognized by the Indian child’s tribe, to assist the In21 dian child’s family to function as a home for such 

22 child.’’ and 

23 (3) by adding at the end the following: 

24 ‘‘(g)(1) Whenever, following the involuntary termi25 nation of the parental rights of a parent of an Indian 
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1 child, an Indian child is placed in a preadoptive or adop2 tive placement, including any termination or change of 

3 such placement, or is the subject of an adoption pro4 ceeding, the party seeking the placement of the child or 

5 filing the proceeding shall provide written notice of the 

6 placement or proceeding to the Indian child’s tribe in ac7 cordance with subsection (c)(2)(A)(ii) and (iv) and (3)(A) 

8 of section 103. A notice under this subsection shall be sent 

9 by certified mail (return receipt requested). 

10 ‘‘(2) Any notice under paragraph (1) shall contain 

11 the information required under section 114. 

12 ‘‘(h)(1) Whenever, in connection with a proceeding or 

13 other action under this section, a party seeks the place14 ment of an Indian child, including any termination or 

15 change of such placement, such party shall provide written 

16 notice of the placement to the Indian child’s extended fam17 ily members whose names and addresses are included in 

18 any notice sent pursuant to subsection (a). The notice 

19 shall be provided in accordance with subsection (c)(2)(A) 

20 and (3)(A) of section 103. A notice under this subsection 

21 shall be sent by certified mail (return receipt requested). 

22 ‘‘(2) Any notice under paragraph (1) shall contain 

23 the information required under section 114.’’. 
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1 SEC. 8. VOLUNTARY TERMINATION OF PARENTAL RIGHTS. 

2 Section 103(a) of the Indian Child Welfare Act of 

3 1978 (25 U.S.C. 1913(a)) is amended—

4 (1) by striking the first sentence and inserting 

5 the following: 

6 ‘‘(a)(1) Where any parent or Indian custodian volun7 tarily consents to foster care, preadoptive, or adoptive 

8 placement or to termination of parental rights, such con9 sent shall not be valid unless—

10 ‘‘(A) executed in writing; 

11 ‘‘(B) recorded before a judge of a court of com12 petent jurisdiction; and 

13 ‘‘(C) accompanied by the presiding judge’s cer14 tificate that—

15 ‘‘(i) the terms and consequences of the 

16 consent were fully explained in detail and were 

17 fully understood by the parent or Indian custo18 dian; and 

19 ‘‘(ii) any attorney or public or private 

20 agency that facilitates the voluntary termi21 nation of parental rights or preadoptive or 

22 adoptive placement has—

23 ‘‘(I) informed the parents orally and 

24 in writing of all the available placement op25 tions with respect to the child involved;
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1 ‘‘(II) informed those parents orally 

2 and in writing of the applicable provisions 

3 of this Act; and 

4 ‘‘(III) certified that the biological par5 ents will be notified within 10 days after 

6 any termination of or change in the adop7 tive placement.’’; 

8 (2) by striking ‘‘The court shall also certify’’ 

9 and inserting the following: 

10 ‘‘(2) The court shall also certify’’; 

11 (3) by striking ‘‘Any consent given prior to,’’ 

12 and inserting the following: 

13 ‘‘(3) Any consent given prior to,’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(5) An Indian custodian who has the legal authority 

16 to consent to an adoptive placement shall be treated as 

17 a parent for the purposes of the notice and consent to 

18 adoption provisions of this Act.’’. 

19 SEC. 9. WITHDRAWAL OF CONSENT. 

20 Section 103(b) of the Indian Child Welfare Act of 

21 1978 (25 U.S.C. 1913(b)) is amended—

22 (1) by inserting ‘‘(1)’’ before ‘‘Any’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(2) Except as provided in paragraph (5), a consent 

25 to adoption of an Indian child or voluntary termination 
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1 of parental rights to an Indian child may be revoked, only 

2 if—

3 ‘‘(A) no final decree of adoption has been en4 tered; 

5 ‘‘(B)(i) the adoptive placement changes or ter6 minates; or 

7 ‘‘(ii) the revocation occurs before the later of 

8 the end of—

9 ‘‘(I) the 180-day period beginning on the 

10 date on which the Indian child’s tribe receives 

11 written notice of the adoptive placement pro12 vided in accordance with the requirements of 

13 subsection (c) and section 114, which includes 

14 an explanation of the revocation period specified 

15 in this subclause; or 

16 ‘‘(II) the 30-day period beginning on the 

17 date on which the parent who revokes consent 

18 receives notice of the commencement of the 

19 adoption proceeding that includes an expla20 nation of the revocation period specified in this 

21 subclause; or 

22 ‘‘(C) the child is not in an adoptive placement. 

23 ‘‘(3) Revocation of consent under this subsection 

24 shall be effective from the date on which the parent who 

25 revokes consent provides a written revocation of consent 
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1 to a party that seeks the voluntary adoptive placement of 

2 an Indian child or a written or oral revocation of consent 

3 to the State court, if any, in which any proceeding for 

4 a termination of parental rights to such Indian child, or 

5 an adoption proceeding concerning such Indian child, is 

6 pending. Any revocation sent by mail under this para7 graph shall be effective from the postmarked date of the 

8 notice. 

9 ‘‘(4) Immediately upon a revocation under paragraph 

10 (2)—

11 ‘‘(A) the Indian child who is the subject of that 

12 revocation shall be returned to the parent who re13 vokes consent, but such return shall not be con14 strued to affect the rights of the parent to whom the 

15 child is not returned; and 

16 ‘‘(B) the court shall send notification of the 

17 revocation to the last known address of the other 

18 parent not later than 5 days after the court received 

19 the revocation. 

20 ‘‘(5) Except as otherwise provided in paragraphs 

21 (2)(A), (2)(B)(i), and (7), if a consent to adoption or vol22 untary termination of parental rights has not been revoked 

23 by the end of the applicable period determined under para24 graph (2)(B)(ii), a parent may revoke such consent after 

25 that date only—
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1 ‘‘(A) pursuant to applicable State law; 

2 ‘‘(B) if the parent of the Indian child involved 

3 petitions a court of competent jurisdiction, and the 

4 court finds that the consent to adoption or voluntary 

5 termination of parental rights was obtained through 

6 fraud or duress; or 

7 ‘‘(C) if the parent of the Indian child involved 

8 did not receive each applicable written notice re9 quired by subsection (h). 

10 ‘‘(6) Subject to paragraph (7), if a consent to adop11 tion or voluntary termination of parental rights is revoked 

12 under paragraph (5)(B)—

13 ‘‘(A) the child shall be returned immediately to 

14 the parent who revokes consent; and 

15 ‘‘(B) if a final decree of adoption has been en16 tered, that final decree shall be vacated. 

17 ‘‘(7) Except as otherwise provided under applicable 

18 State law, no adoption that has been in effect for a period 

19 longer than or equal to 2 years may be invalidated under 

20 this subsection.’’. 

21 SEC. 10. NOTICE TO INDIAN TRIBES. 

22 Section 103(c) of the Indian Child Welfare Act of 

23 1978 (25 U.S.C. 1913(c)) is amended to read as follows: 
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1 ‘‘(c)(1) A party that seeks the voluntary termination 

2 of the parental rights of a parent of an Indian child or 

3 the voluntary placement of an Indian child, including—

4 ‘‘(A) any preadoptive or adoptive placement 

5 subsequent to an involuntary termination of the pa6 rental rights of a parent of an Indian child; and 

7 ‘‘(B) any termination or change of such vol8 untary placement, 

9 shall provide written notice of the proposed placement or 

10 proceeding to the Indian child’s tribe. A notice under this 

11 subsection shall be sent by certified mail (return receipt 

12 requested) to the Indian child’s tribe, not later than the 

13 applicable date specified in paragraph (2) or (3). Any such 

14 notice shall contain the information required under section 

15 114. 

16 ‘‘(2)(A) Except as provided in paragraph (3), in each 

17 of the following cases, notice shall be provided under para18 graph (1) by the applicable date specified: 

19 ‘‘(i) Not later than 100 days after any foster 

20 care placement of an Indian child occurs. 

21 ‘‘(ii) Not later than 5 days after any initial or 

22 subsequent preadoptive or adoptive placement or ter23 mination of an adoptive placement of an Indian 

24 child.
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1 ‘‘(iii) Not later than 10 days after the com2 mencement of any proceeding for a termination of 

3 parental rights to an Indian child. 

4 ‘‘(iv) Not later than 10 days after the com5 mencement of any adoptive proceeding concerning 

6 an Indian child. 

7 ‘‘(B) A notice of any proposed preadoptive or adop8 tive placement described in subparagraph (A)(ii) may be 

9 provided before the birth of an Indian child if a party re10 ferred to in paragraph (1) contemplates a specific adoptive 

11 or preadoptive placement. 

12 ‘‘(3) If, after the expiration of the applicable period 

13 specified in paragraph (2), a party referred to in para14 graph (1) discovers that the child involved may be an In15 dian child—

16 ‘‘(A) the party shall provide notice under para17 graph (1) not later than 10 days after the discovery; 

18 and 

19 ‘‘(B) any applicable time limit specified in sub20 section (e) shall apply to the notice provided under 

21 subparagraph (A) only if the party referred to in 

22 paragraph (1) has, on or before commencement of 

23 the placement, made a good faith investigation con24 cerning whether the child involved may be an Indian 

25 child.’’. 
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1 SEC. 11. INTERVENTION BY INDIAN TRIBE. 

2 Section 103(d) of the Indian Child Welfare Act of 

3 1978 (25 U.S.C. 1913(d)) is amended to read as follows: 

4 ‘‘(e)(1) The Indian child’s tribe involved shall have 

5 the right to intervene at any time in a voluntary child cus6 tody proceeding in a State court only if—

7 ‘‘(A) in the case of a voluntary proceeding to 

8 terminate parental rights, the Indian tribe sent a no9 tice of intent to intervene or a written objection to 

10 the adoptive placement to the court or to the party 

11 that is seeking the voluntary placement of the In12 dian child, not later than 45 days after receiving no13 tice that was provided in accordance with the re14 quirements of subsection (c) and section 114; or 

15 ‘‘(B) in the case of a voluntary adoption pro16 ceeding, the Indian tribe sent a notice of intent to 

17 intervene or a written objection to the adoptive 

18 placement to the court or to the party that is seek19 ing the voluntary placement of the Indian child, not 

20 later than the later of—

21 ‘‘(i) 100 days after receiving notice of the 

22 adoptive placement that was provided in accord23 ance with the requirements of subsection (c) 

24 and section 114; or 

25 ‘‘(ii) 45 days after receiving a notice of the 

26 voluntary adoption proceeding that was pro-
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1 vided in accordance with the requirements of 

2 subsection (c) and section 114. 

3 ‘‘(2) A State court may extend the time period in 

4 paragraph (1) by not more than 15 days if that court de5 termines that extenuating circumstances require such an 

6 extension to promote justice. 

7 ‘‘(3)(A) Except as provided in subparagraph (B), the 

8 Indian child’s tribe involved shall have the right to inter9 vene at any time in a voluntary foster care placement pro10 ceeding in a State court and also in any other voluntary 

11 child custody proceeding in a State court in any case in 

12 which the Indian tribe did not receive written notice pro13 vided in accordance with the requirements of subsection 

14 (c) and section 114. 

15 ‘‘(B) An Indian tribe may not intervene in any vol16 untary child custody proceeding in a State court if the 

17 Indian tribe gives written notice to the State court or any 

18 party involved of—

19 ‘‘(i) the intent of the Indian tribe not to inter20 vene in the proceeding; or 

21 ‘‘(ii) the determination by the Indian tribe that 

22 the child involved—

23 ‘‘(I) is not a member of, or is not eligible 

24 for membership in, the Indian tribe, and 
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1 ‘‘(II) does not meet the requirements of 

2 paragraph (4)(C) of section 4. 

3 ‘‘(4) Except in the case of a voluntary foster care 

4 placement proceeding, if an Indian tribe files a motion for 

5 intervention in a State court under this subsection, the 

6 Indian tribe shall submit to the court, at the same time 

7 as the Indian tribe files that motion, a tribal certification 

8 that includes a statement that documents, with respect to 

9 the Indian child involved, the membership or eligibility for 

10 membership of that Indian child in the Indian tribe under 

11 applicable tribal law or the basis for any assertion by the 

12 tribe that the child meets the requirements of paragraph 

13 (4)(C) of section 4. 

14 ‘‘(f) Any act or failure to act of an Indian tribe under 

15 subsection (e) shall not—

16 ‘‘(1) affect any placement preference or other 

17 right of any individual under this Act; 

18 ‘‘(2) preclude the Indian child that is the sub19 ject of an action taken by the Indian tribe under 

20 subsection (e) from intervening in a proceeding con21 cerning that Indian child if a proposed adoptive 

22 placement of that Indian child is changed after that 

23 action is taken; or 

24 ‘‘(3) except as specifically provided in sub25 section (e), affect the applicability of this Act.
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1 ‘‘(g) Notwithstanding any other provision of law, no 

2 proceeding for a voluntary termination of parental rights 

3 or adoption of an Indian child may be conducted under 

4 applicable State law before the date that is 45 days after 

5 the Indian child’s tribe receives notice of that proceeding 

6 that was provided in accordance with the requirements of 

7 subsection (c) and section 114, unless such tribe consents 

8 to an earlier date or has given written notice to the State 

9 court or any party involved of its intent not to intervene.’’. 

10 SEC. 12. NOTICE TO PARENTS. 

11 Section 103 of the Indian Child Welfare Act of 1978 

12 (25 U.S.C. 1913) is amended by adding at the end the 

13 following: 

14 ‘‘(h)(1) A party that terminates or changes the vol15 untary adoptive placement of an Indian child or com16 mences a proceeding for the adoption of an Indian child 

17 shall provide written notice of such termination, changed 

18 adoptive placement, or proceeding to the parents of that 

19 Indian child. Such a party shall also provide the parents 

20 of that Indian child with a written notice specifying the 

21 date on which the Indian child’s tribe received a written 

22 notice of the adoptive placement that was in accordance 

23 with the requirements of subsection (c) and section 114. 

24 Any notice under this subsection shall be sent by certified 

25 mail (return receipt requested) to the parents of the In-
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1 dian child, not later than the applicable date specified in 

2 paragraph (2) and shall include a copy of any complaint, 

3 petition, or court order affecting the rights of any such 

4 parents. Any such notice shall contain the information re5 quired under section 114. 

6 ‘‘(2) Each notice required under paragraph (1) shall 

7 be sent by the applicable date specified in the following 

8 cases: 

9 ‘‘(A) Not later than 10 days after any termi10 nation of or change in the adoptive placement of an 

11 Indian child, including any termination or change 

12 that occurs whenever a final decree of adoption has 

13 been vacated or set aside or the adoptive parent or 

14 parents voluntarily consent to the termination of pa15 rental rights. 

16 ‘‘(B) Not later than 10 days after the com17 mencement of any adoption proceeding concerning 

18 an Indian child. 

19 ‘‘(C) Not later than 5 days after receiving from 

20 an Indian child’s tribe the return receipt with re21 spect to the notice of the adoptive placement of an 

22 Indian child sent to such tribe. 
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1 SEC. 13. NOTICE TO EXTENDED FAMILY MEMBERS. 

2 Section 103 of the Indian Child Welfare Act of 1978 

3 (25 U.S.C. 1913) is amended by adding at the end the 

4 following: 

5 ‘‘(i) Whenever, in connection with a proceeding or 

6 other action under this section, a party seeks the place7 ment of an Indian child, including any termination or 

8 change of such placement, such party shall provide written 

9 notice of such proposed placement to the Indian child’s 

10 extended family members whose names and addresses are 

11 included in any notice sent pursuant to subsection (c). The 

12 notice shall be provided in accordance with subsection 

13 (c)(2)(A) and (3)(A). A notice under this subsection shall 

14 be sent by certified mail (return receipt requested) and 

15 shall contain the information required under section 

16 114.’’. 

17 SEC. 14. INVALIDATION OF CHILD CUSTODY PROCEEDINGS. 

18 Section 104 of the Indian Child Welfare Act of 1978 

19 (25 U.S.C. 1914) is amended to read as follows: 

20 ‘‘SEC. 104. INVALIDATION OF CHILD CUSTODY PRO21 CEEDINGS. 

22 ‘‘(a) Any Indian child who is the subject of any action 

23 for foster care or adoptive placement or termination of pa24 rental rights under State law, any parent or Indian custo25 dian of any such child, the Indian child’s tribe, and a 

26 member of the Indian child’s extended family who has 
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1 been rejected as a placement for the child may petition 

2 any Federal court having venue to invalidate such action 

3 upon a showing that such action violated any provision 

4 of sections 101, 102, 103, and 105. The district courts 

5 shall have jurisdiction under section 1331 of title 28 over 

6 any petition filed under this subsection. 

7 ‘‘(b) Notwithstanding any Federal law, a petition 

8 under subsection (a) shall be adjudicated during a pending 

9 proceeding when a State court has—

10 ‘‘(1) ruled that the proceeding is not within the 

11 exclusive jurisdiction of an Indian child’s tribe or 

12 that the proceeding should not be transferred to 

13 such Indian tribe’s jurisdiction; 

14 ‘‘(2) ruled that the proceeding is not a child 

15 custody proceeding or that this Act, for other rea16 sons, does not apply to the proceeding; 

17 ‘‘(3) held that this Act, on its face or as ap18 plied, violates the Constitution; 

19 ‘‘(4) denied a motion to intervene filed by an 

20 Indian tribe or a member of the Indian child’s ex21 tended family; or 

22 ‘‘(5) in a case where the father of an Indian 

23 child objects to the adoption of such child and the 

24 parental rights of such father have not been termi25 nated pursuant to section 102, ruled that such fa-
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1 ther’s consent to the adoption of such child is unnec2 essary. 

3 ‘‘(c) A petition under subsection (a) may be filed 

4 within 90 days after entry of a final judgment under State 

5 law and shall be adjudicated notwithstanding any Federal 

6 law to the contrary. For purposes of this subsection, the 

7 term ‘‘final judgment’’ means a judgment of a trial court 

8 where no appeal has been filed under State law, a judg9 ment of an appellate court of a State affirming the judg10 ment of a trial court, or an order of the United States 

11 Supreme Court denying a writ of certiorari to a State ap12 pellate court. In the case of a petition alleging a violation 

13 of section 105, ‘‘final judgment’’ shall also mean an ap14 pealable order or judgment under State law that denies 

15 a placement of an Indian child with a member of the In16 dian child’s extended family where the time to appeal 

17 under State law has not expired.’’. 

18 SEC. 15. TRIBAL AFFILIATION INFORMATION. 

19 Section 107 of the Indian Child Welfare Act of 1978 

20 (25 U.S.C. 1917) is amended to read as follows: 

21 ‘‘SEC. 107. DISCLOSURE OF INFORMATION REGARDING BIO22 LOGICAL PARENTS. 

23 ‘‘If an adopted Indian who is 18 years of age or older, 

24 the Indian tribe of an adopted Indian child, the Indian 

25 tribe of an adopted Indian who is 18 years of age or older, 
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1 an adoptive parent or guardian of an Indian child or of 

2 an adopted Indian who is under the age of 18, or, in the 

3 case of a medical emergency or incompetence of an adopt4 ed Indian, an adoptive parent or guardian of an Indian 

5 18 years of age or older, petitions the court which entered 

6 the final decree of adoption or any other court of com7 petent jurisdiction for the release of information regarding 

8 the tribal affiliation, if any, of the adopted child’s biologi9 cal parents, the court shall disclose, from any records sub10 ject to its jurisdiction, such information to the petitioner 

11 and shall provide the petitioner with any other identifying 

12 information as may be necessary to protect any rights 

13 flowing from an adopted Indian’s tribal relationship.’’. 

14 SEC. 16. ASSUMPTION OF JURISDICTION OVER CHILD CUS15 TODY PROCEEDINGS. 

16 Section 108 of the Indian Child Welfare Act of 1978 

17 (25 U.S.C. 1918) is amended to read as follows: 

18 ‘‘SEC. 108. ASSUMPTION OF JURISDICTION OVER CHILD 

19 CUSTODY PROCEEDINGS. 

20 ‘‘(a) CHILDREN RESIDING OR DOMICILED WITHIN A

21 RESERVATION.—Where, pursuant to the provisions of the 

22 Act of August 15, 1953 (67 Stat. 588), or any other Fed23 eral law, a State is exercising or has exercised jurisdiction 

24 over voluntary child custody proceedings involving Indian 

25 children who reside or are domiciled within the reservation
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1 of an Indian tribe, such Indian tribe may assume jurisdic2 tion exclusive as to any State over such child custody pro3 ceedings. 

4 ‘‘(b) CHILDREN NOT RESIDING OR DOMICILED

5 WITHIN A RESERVATION.—(1) Any Indian tribe that does 

6 not exercise exclusive jurisdiction over child custody pro7 ceedings involving Indian children who reside or are domi8 ciled within any of the following geographic areas may as9 sume jurisdiction exclusive as to any State over such pro10 ceedings: 

11 ‘‘(A) In the case of a tribe presently located in 

12 Oklahoma, the lands that are within the jurisdic13 tional area of any such Indian tribe and are within 

14 the boundaries of such Indian tribe’s last reservation 

15 established by final treaty, Federal agreement, Exec16 utive or secretarial order, Executive or secretarial 

17 proclamation, United States patent, Federal statute, 

18 or final judicial or administrative determination. 

19 ‘‘(B) Lands located in a State other than Okla20 homa, including Alaska, that are within the Indian 

21 tribe’s last recognized reservation within the State 

22 or States within which such Indian tribe is presently 

23 located, including the disestablished area or portion, 

24 if any, of such reservation. 
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1 ‘‘(C) In the case of an Indian tribe located in 

2 Alaska—

3 ‘‘(i) lands selected by a village corporation 

4 pursuant to sections 12(a) and (b) and 16(b) 

5 and (d) of the Alaska Native Claims Settlement 

6 Act (85 Stat. 688, 701, 706; 42 U.S.C. 1611(a) 

7 and (b) and 1615(b) and (d)); 

8 ‘‘(ii) any other lands located within the ex9 terior boundaries of or contiguous to the areas 

10 described in clause (i) of this subparagraph, in11 cluding the lands described in section 22(l) of 

12 the Alaska Native Claims Settlement Act (85 

13 Stat. 688, 715; 42 U.S.C. 1921(l)); or 

14 ‘‘(iii) lands withdrawn pursuant to section 

15 14(h) of the Alaska Native Claims Settlement 

16 Act (85 Stat. 688, 704, 705; 42 U.S.C. 

17 1613(h)), that are located within a 25-mile ra18 dius of the seat of government of any such In19 dian tribe. 

20 ‘‘(D) Lands owned in fee simple by an Indian 

21 tribe. 

22 ‘‘(2) Whenever, under existing Federal law, a State 

23 has exercised or is exercising exclusive jurisdiction over 

24 child custody proceedings arising in any of the areas de25 scribed in paragraph (1), a tribe may assume jurisdiction, 
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•HR 2750 IH 

1 for the purposes of said paragraph, that is exclusive as 

2 to any State or concurrent with the jurisdiction exercised 

3 by any State. Such an Indian tribe may limit its assump4 tion of jurisdiction to types of child custody proceedings, 

5 transfer jurisdiction under section 101(b), or otherwise as6 sume less than exclusive jurisdiction over child custody 

7 proceedings. 

8 ‘‘(c) RESOLUTION OF GOVERNING BODY.—Before 

9 any Indian tribe may assume jurisdiction over Indian child 

10 custody proceedings pursuant to this section, the Indian 

11 tribe shall present to the Secretary a resolution of its gov12 erning body authorizing the assumption of such jurisdic13 tion. The governing body of an Indian tribe referred to 

14 in subsection (b) shall include in its jurisdiction assump15 tion resolution a clear and definite description of the terri16 tory over which jurisdiction is to be assumed and, in ac17 cordance with subsection (b)(2), the nature of the jurisdic18 tion assumed. 

19 ‘‘(d) PUBLICATION OF NOTICE.—Not later than 60 

20 days after receipt of a jurisdiction assumption resolution 

21 from the governing body of an Indian tribe, the Secretary 

22 shall publish in the Federal Register a notice that includes 

23 the resolution and informs the public of the Indian tribe’s 

24 action. The Secretary shall also notify the affected State 

25 or States of such resolution. The Indian tribe concerned 
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1 shall assume jurisdiction 30 days after publication in the 

2 Federal Register of the notice of the Indian tribe’s resolu3 tion unless such resolution specifies a later date. 

4 ‘‘(e) RETROCESSION OF JURISDICTION.—Any Indian 

5 tribe that, pursuant to this section, has assumed jurisdic6 tion exclusive as to any State over child custody pro7 ceedings may retrocede all or any part of such jurisdiction 

8 as it assumed to any such State by presenting to the Sec9 retary a resolution of its governing body authorizing the 

10 retrocession of such jurisdiction. Not later than 60 days 

11 after receipt of a jurisdiction retrocession resolution from 

12 the governing body of an Indian tribe, the Secretary shall 

13 publish in the Federal Register a notice that includes the 

14 resolution and informs the public of the Indian tribe’s ac15 tion. The Secretary shall also notify the affected State or 

16 States of such resolution. The retrocession of jurisdiction 

17 shall take effect 30 days after publication in the Federal 

18 Register of the notice of the Indian tribe’s resolution un19 less such resolution specifies a later date. Nothing in this 

20 subsection shall affect the right of any Indian tribe to as21 sume jurisdiction, pursuant to this section, subsequent to 

22 a retrocession of such jurisdiction. 

23 ‘‘(f) EFFECT ON CERTAIN ACTIONS.—Assumption or 

24 retrocession of jurisdiction under this section shall not af25 fect any action or proceeding over which a court has al-
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1 ready assumed jurisdiction, except as may be provided in 

2 an order of such court or pursuant to any agreement 

3 under section 109.’’. 

4 SEC. 17. TRIBAL-STATE AGREEMENTS. 

5 (a) JURISDICTIONAL ISSUES.—Section 109 of the In6 dian Child Welfare Act of 1978 (25 U.S.C. 1919) is 

7 amended—

8 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) An agreement entered into under paragraph (1) 

11 may recognize the concurrent or exclusive jurisdiction of 

12 an Indian tribe over child custody proceedings involving 

13 the Indian children of such tribe that arise within any 

14 lands in the State described in such agreement, including 

15 all or any portion of the lands included within a service 

16 area designated for such tribe by or pursuant to law or 

17 regulation. Nothing in this paragraph shall affect the right 

18 of any such Indian tribe to assume exclusive or other juris19 diction within the areas described in section 108(a) and 

20 (b).’’. 

21 (b) SUPERSEDING AUTHORITY OF TRIBAL-STATE

22 AGREEMENTS.—Section 109 of the Indian Child Welfare 

23 Act of 1978 (25 U.S.C. 1919) is amended by adding at 

24 the end the following:
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1 ‘‘(c) An agreement respecting the care and custody 

2 of, or jurisdiction over, Indian children, entered into under 

3 subsection (a), shall govern such care, custody, and juris4 diction, any law to the contrary notwithstanding. For pur5 poses of carrying out any agreement entered into pursuant 

6 to this section, the terms ‘Indian child’ and ‘Indian tribe,’ 

7 as defined in any such agreement, shall govern. Nothing 

8 in this subsection shall be construed to authorize Federal 

9 funds appropriated for Indian tribes, or for the members 

10 of Indian tribes, to be expended for any other person or 

11 entity.’’. 

12 SEC. 18. CONTENT OF NOTICES; FRAUDULENT REPRESEN13 TATION; VISITATION; ALASKA NATIVE INHER14 ITANCE RIGHTS; COMPLIANCE REVIEWS; 

15 CHILDREN OF STATE RECOGNIZED TRIBES. 

16 Title I of the Indian Child Welfare Act of 1978 (25 

17 U.S.C. 1911 et seq.) is amended by adding at the end 

18 the following new sections: 

19 ‘‘SEC. 114. CONTENT OF NOTICES. 

20 ‘‘(a) PROCEEDINGS IN GENERAL.—Each written no21 tice provided under subsection 102(a)(1), 102(g)(1), 

22 102(h)(1), 103(c)(1), 103(h)(1), and 103(i)(1) shall be 

23 based on a good faith investigation and contain the fol24 lowing: 
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•HR 2750 IH 

1 ‘‘(1) The name of the Indian child involved and 

2 the actual or anticipated date of birth of the Indian 

3 child. 

4 ‘‘(2) The Indian child’s residence address and 

5 domicile, if known, except that in a voluntary child 

6 custody proceeding, the notice may be limited to de7 scribing in detail facts that substantiate whether the 

8 Indian child resides or is domiciled on a reservation 

9 or within any of the areas described in a resolution 

10 adopted pursuant to section 108(c). 

11 ‘‘(3) A list containing the name, address, date 

12 of birth, and (if applicable) the maiden name, of 

13 each Indian parent and grandparent of the Indian 

14 child and the name and address of each known ex15 tended family member (if any) that has priority in 

16 placement under section 105, if—

17 ‘‘(A) known after inquiry of—

18 ‘‘(i) the birth parent last having cus19 tody of the child; and 

20 ‘‘(ii) the other birth parent (if avail21 able); or 

22 ‘‘(B) otherwise ascertainable through other 

23 reasonable inquiry. 

24 ‘‘(4) A statement of the reasons why the child 

25 involved may be an Indian child. 
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1 ‘‘(5) The tribal affiliation, if any, of the Indian 

2 child’s prospective or actual foster care, preadoptive 

3 or adoptive parents, as the case may be. 

4 ‘‘(6) The names and addresses of the parties in5 volved in any applicable child custody proceeding or 

6 contemplated proceeding in a State court. 

7 ‘‘(7)(A) The name and address of the State 

8 court in which a child custody proceeding referred to 

9 in paragraph (6) is pending or will be filed; 

10 ‘‘(B) the date and time of any related court 

11 proceeding that is scheduled as of the date on which 

12 the notice is provided; and 

13 ‘‘(C) a statement describing the nature of the 

14 court proceeding, the allegations made in support of 

15 the complaint or petition, and the relief sought. 

16 ‘‘(8) The name and address of any public or 

17 private social service agency or adoption agency in18 volved. 

19 ‘‘(9) An identification of any Indian tribe in 

20 which the Indian child may be a member, is eligible 

21 for membership, or satisfies the requirements of 

22 paragraph (4)(C) of section 4. 

23 ‘‘(10) An identification of any Indian tribes in 

24 which the Indian child’s parents or grandparents 

25 may be a member. 
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1 ‘‘(11) A statement describing the right of each 

2 Indian tribe identified under paragraph (9) to inter3 vene in the proceeding referred to in paragraph (6). 

4 ‘‘(12) A statement describing the right of each 

5 extended family member identified under paragraph 

6 (3) to intervene in the proceeding referred to in 

7 paragraph (6) in order to seek the placement of the 

8 Indian child, including the following: 

9 ‘‘(A) A description of any information that 

10 must be provided by the extended family mem11 ber in order for such member to be considered 

12 as a placement for the Indian child; and 

13 ‘‘(B) A description of the procedure that 

14 an extended family member must follow in 

15 order to be considered as a placement for the 

16 child, including the dates by which an extended 

17 family member must take any action required 

18 in order to be so considered. 

19 ‘‘(13) A statement that each extended family 

20 member identified under paragraph (3) has the right 

21 to seek the placement of the Indian child without 

22 having to intervene in the proceeding referred to in 

23 paragraph (6), including the information required 

24 under paragraph 12. 
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1 ‘‘(14) A statement describing the right of the 

2 parent or Indian custodian and of each Indian tribe 

3 identified under paragraph (9) to request that the 

4 proceeding be transferred to the tribal court of the 

5 Indian child’s tribe. 

6 ‘‘(15) A statement of the potential legal con7 sequences of an adjudication of the complaint or pe8 tition on the rights of any parent, Indian custodian, 

9 extended family member, or Indian tribe and the po10 tential legal consequences for failing to respond to 

11 the complaint or petition. 

12 ‘‘(16) A statement as to whether a written re13 sponse to the complaint, petition, or notice must be 

14 filed and, if so, the date that the response must be 

15 received by the court. The statement shall include an 

16 explanation of the legal consequences of failure to 

17 file such written response. 

18 ‘‘(17) A copy of any complaint or petition and 

19 court orders. 

20 ‘‘(b) PROCEEDINGS UNDER SECTION 102.—In addi21 tion to the information required under subsection (a), any 

22 notice provided under section 102(a)(1) shall contain the 

23 following: 

24 ‘‘(1) A statement that a parent or Indian custo25 dian unable to afford counsel may request that the
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1 court appoint counsel to represent such parent or 

2 Indian custodian. 

3 ‘‘(2) If applicable, a statement of the right of 

4 the parent or Indian custodian and the Indian 

5 child’s tribe to request at least 20 additional days, 

6 from the date of receipt of notice of the proceeding, 

7 to prepare for the proceeding. 

8 ‘‘(3) As may be applicable, a statement of the 

9 circumstances supporting, or that supported, a fos10 ter care placement, termination of the parental 

11 rights of the parent of the Indian child, or the adop12 tive placement of the Indian child. 

13 ‘‘(4) A statement of the right of each party to 

14 examine all reports or other documents filed with 

15 the court upon which any decision with respect to 

16 the complaint or petition may be based. 

17 ‘‘(5) If applicable, a statement of the reasons 

18 why the foster care, preadoptive, or adoptive place19 ment of the Indian child involved was terminated or 

20 changed and the date of such termination or change. 

21 ‘‘(c) NOTICE UNDER SECTION 103(c).—In addition 

22 to the information required under subsection (a), any no23 tice provided under section 103(c)(1) shall contain the fol24 lowing: 
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1 ‘‘(1) An inquiry concerning whether the Indian 

2 tribe that receives notice under section 103(c) in3 tends to intervene under section 103(e) or waive any 

4 such right to intervention. 

5 ‘‘(2) A statement that, if the Indian tribe that 

6 receives notice under section 103(c) fails to respond 

7 in accordance with section 103(e) by the applicable 

8 date specified in that subsection, the right of that 

9 Indian tribe to intervene in the proceeding involved 

10 shall be considered to have been waived by that In11 dian tribe unless that Indian tribe did not receive 

12 notice in accordance with the requirements of section 

13 103(c) and this section. 

14 ‘‘(3) If applicable, a statement of the reasons 

15 why the adoptive placement of the Indian child in16 volved was terminated or changed and the date of 

17 such termination or change. 

18 ‘‘(d) NOTICE UNDER SECTION 103(h).—In addition 

19 to the information required under subsection (a), any no20 tice provided under section 103(h)(1) shall contain the fol21 lowing: 

22 ‘‘(1) In the case of a notice of a termination or 

23 change in an adoptive placement—

24 ‘‘(A) a description of the rights of the par25 ent or parents of an Indian child under para-
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1 graphs (2) and (3) of section 103(b) and, if ap2 plicable, section 106(a); and 

3 ‘‘(B) if applicable, a statement of the rea4 sons why the adoptive placement of the Indian 

5 child involved was terminated or changed and 

6 the date of such termination or change. 

7 ‘‘(2) In the case of a notice of the commence8 ment of an adoption proceeding—

9 ‘‘(A) the date on which the adoption pro10 ceeding, was commenced; and 

11 ‘‘(B) if known, the date that is the end of 

12 the 180-day period beginning on the date on 

13 which the Indian child’s tribe received written 

14 notice of the adoptive placement. 

15 ‘‘(3) In the case of a notice of the date on 

16 which the Indian child’s tribe received written notice 

17 of the adoptive placement—

18 ‘‘(A) the date that is the end of the 180-

19 day period beginning on the date on which the 

20 tribe of the Indian child received such written 

21 notice of the adoptive placement; and 

22 ‘‘(B) if known, the date that is the end of 

23 the 30-day period beginning on the date on 

24 which the parent revoking consent received no-
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1 tice of the commencement of the adoption pro2 ceeding. 

3 ‘‘SEC. 115. FRAUDULENT REPRESENTATION. 

4 ‘‘(a) IN GENERAL.—With respect to any proceeding 

5 subject to this Act involving an Indian child or a child 

6 who may be considered to be an Indian child for purposes 

7 of this Act, a person, other than a birth parent of the 

8 child, shall, upon conviction, be subject to a criminal sanc9 tion under subsection (b) if that person knowingly and 

10 willfully—

11 ‘‘(1) falsifies or conceals or covers up by any 

12 trick, scheme, or device, a material fact concerning 

13 whether, for purposes of this Act—

14 ‘‘(A) a child is an Indian child; or 

15 ‘‘(B) a parent is an Indian; 

16 ‘‘(2)(A) makes any false, fictitious, or fraudu17 lent statement, omission, or representation; or 

18 ‘‘(B) falsifies a written document knowing that 

19 the document contains a false, fictitious, or fraudu20 lent statement or entry relating to a material fact 

21 described in paragraph (1); or 

22 ‘‘(3) assists any person in physically removing 

23 a child from the United States in order to obstruct 

24 the application of this Act.
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1 ‘‘(b) CRIMINAL SANCTIONS.—The criminal sanctions 

2 for a violation referred to in subsection (a) are as follows: 

3 ‘‘(1) For the first violation, a person shall be 

4 fined in accordance with section 3571 of title 18, 

5 United States Code, or imprisoned not more than 1 

6 year, or both. 

7 ‘‘(2) For any subsequent violation, a person 

8 shall be fined in accordance with section 3571 of 

9 title 18, United States Code, or imprisoned not more 

10 than 5 years, or both. 

11 ‘‘SEC. 116. VISITATION. 

12 ‘‘Notwithstanding any other provision of law (includ13 ing any State law)—

14 ‘‘(1) a court may approve, as part of an adop15 tion decree of that Indian child, an agreement that 

16 states that a birth parent, an extended family mem17 ber, or the Indian child’s tribe shall have an enforce18 able right of visitation or continued contact with the 

19 Indian child after the entry of a final decree of 

20 adoption; and 

21 ‘‘(2) the failure to comply with any provision of 

22 a court order concerning the continued visitation or 

23 contact under paragraph (1) shall not be considered 

24 to be grounds for setting aside a final decree of 

25 adoption.
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1 ‘‘SEC. 117. ALASKA NATIVE POSTADOPTION INHERITANCE 

2 RIGHTS. 

3 ‘‘(a) LAWS GOVERNING INTESTATE SUCCESSION.—

4 (1) Subject to any Federal law governing the intestate suc5 cession of the estate of any Indian, including any law en6 acted pursuant to any such Federal law, but notwith7 standing the law of any State otherwise to the contrary, 

8 upon the entry of an order terminating the parental rights 

9 of a parent of an Alaska Native child or a decree of adop10 tion, whether interlocutory or final, of an Alaska Native 

11 child in any State court or whenever an Alaska Native 

12 child is otherwise deemed to have been adopted under the 

13 law of any State, the right of the Alaska Native child and 

14 the issue of the Alaska Native child to inherit from and 

15 through the Alaska Native child’s natural parents and 

16 their kindred under the laws governing intestate succes17 sion of any such State shall not be affected by reason of 

18 such adoption or termination. The property of such nat19 ural parents and their kindred shall pass to the Alaska 

20 Native child and the issue of the Alaska Native child if, 

21 under the laws governing intestate succession, the Alaska 

22 Native child or issue would have taken had the decedent’s 

23 parental rights not been terminated or had the Alaska Na24 tive child not been adopted. 

25 ‘‘(2) If an Alaska Native child who has been adopted, 

26 or whose relationship with a parent has been terminated, 
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1 shall die intestate, without surviving issue, any real or per2 sonal property of the Alaska Native child derived by deed, 

3 gift, will, or inheritance from the Alaska Native child’s 

4 natural parents, or from either of them or their kindred, 

5 and capable of identification as such, shall pass, according 

6 to the statutes governing intestate succession, to those 

7 persons who would have taken had the decedent not been 

8 adopted or had such decedent’s relationship with a parent 

9 not been terminated. 

10 ‘‘(3) An adopted Alaska Native child who is related 

11 to the decedent both by natural relationship and by adop12 tion shall be entitled to inherit only under the natural rela13 tionship unless the decedent is also the adoptive parent, 

14 in which case the adoptive child shall then be entitled to 

15 inherit pursuant to the adoptive relationship only. 

16 ‘‘(b) TESTAMENTARY SUCCESSION.—(1) Subject to 

17 any Federal law governing the testamentary disposition of 

18 the estate of any Indian and notwithstanding the law of 

19 any State otherwise to the contrary, upon the entry of an 

20 order terminating the parental rights of a parent of an 

21 Alaska Native child or the entry of a decree of adoption, 

22 whether interlocutory or final, of an Alaska Native child 

23 in any State court or whenever an Alaska Native child 

24 is otherwise deemed to have been adopted under the laws 

25 of any State, the right of the Alaska Native child and the 
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1 issue of the Alaska Native child to take under the provi2 sions of any instrument of testamentary gift, bequest, de3 vise, or legacy, whether executed before or after the decree 

4 of adoption or termination, shall not be affected by reason 

5 of such adoption or termination if the Alaska Native child 

6 or issue is expressly included therein by name, whether 

7 so known prior to or after adoption, or by some classifica8 tion based on a parent-child or family relationship, not9 withstanding that such relationship, as a matter of law, 

10 may have been altered or severed by the decree of adop11 tion, termination or otherwise, unless such instrument ex12 presses a contrary intention in defining or describing any 

13 such class. 

14 ‘‘(2) For purposes of this subsection, unless the tes15 tator, testatrix, or creator expresses a contrary intention, 

16 a disposition of property to persons described in any in17 strument as the issue, children, descendants, heirs, heirs18 at-law, next of kin, distributees (or by any term of like 

19 import) of such testator, testatrix, or creator includes any 

20 Alaska Native child who is the biological child of such tes21 tator, testatrix, or creator, and who has been adopted or 

22 whose relationship with a parent has been terminated, and 

23 the issue of such child. 

24 ‘‘(3) A person who, by reason of this subsection, 

25 would be a member of the designated class, or a member 
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1 of two or more designated classes pursuant to a single in2 strument, both by natural relationship and by adoption 

3 shall be entitled to benefit only under the natural relation4 ship, unless the testator, testatrix, or creator is the adop5 tive parent, in which case the person shall then be entitled 

6 to benefit only under the adoptive relationship. 

7 ‘‘(c) TRUSTS BENEFITING ALASKA NATIVE CHIL8 DREN.—Subject to any Federal law governing the right 

9 to benefit from a trust created by any Indian and notwith10 standing the law of any State otherwise to the contrary, 

11 upon the entry of an order terminating the parental rights 

12 of a parent of an Alaska Native child or the entry of a 

13 decree of adoption, whether interlocutory or final, of an 

14 Alaska Native child in any State court or whenever an 

15 Alaska Native child is otherwise deemed to have been 

16 adopted under the laws of any State, any interest of the 

17 Alaska Native child and the issue of the Alaska Native 

18 child in a trust or trust equivalent, whether created before 

19 or after the decree of adoption or termination, shall not 

20 be affected by reason of such adoption or termination if 

21 the Alaska Native child or issue is expressly included 

22 therein by name, whether so known prior to or after adop23 tion, or by some classification based on a parent-child or 

24 family relationship, notwithstanding that such relation25 ship, as a matter of law, may have been altered or severed 
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1 by the decree of adoption, termination, or otherwise, un2 less such trust or trust equivalent expresses a contrary 

3 intention in defining or describing any such class. 

4 ‘‘(d) EFFECT OF CONFLICTING TRIBAL LAW.— 

5 Whenever any provision of this section is contrary to the 

6 law or custom of the tribe of an Alaska Native child, in7 cluding a determination by a tribal court defining such 

8 law or custom or applying such law or custom in a manner 

9 affecting the rights under this section of an identified 

10 Alaska Native child, such provision shall have no force or 

11 effect. 

12 ‘‘(e) SPECIAL RULE FOR EQUITABLE ADOPTIONS.—

13 Any provision of this section to the contrary notwith14 standing, whenever an Alaska Native child is deemed to 

15 have been equitably adopted under the laws of any State 

16 or whenever such a child has been adopted pursuant to 

17 the customs of an Indian tribe located in the State of Alas18 ka, such child shall not have the right pursuant to this 

19 section to inherit or take property from or through a nat20 ural parent or, as the case may be, from or through an 

21 adoptive parent when—

22 ‘‘(1) such parent is a member of an Indian 

23 tribe located in the State of Alaska; and 

24 ‘‘(2) such a right is contrary to the laws or cus25 toms of such tribe.
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1 ‘‘(f) EFFECTIVE DATE.—This section shall apply to 

2 intestate estates on the date of enactment of this Act and 

3 to any testamentary instrument of a person who dies on 

4 or after the date that is 180 days after the date of enact5 ment of this Act, including lifetime instruments executed 

6 on or after such date and lifetime instruments theretofore 

7 executed which on the date of enactment of this Act are 

8 subject to the grantor’s power to revoke or amend. 

9 ‘‘(g) VESTED RIGHTS.—(1) The provisions of this 

10 section shall not impair or defeat any rights which have 

11 vested before the date that is 180 days after the date of 

12 enactment of this Act, or which have vested prior to any 

13 adoption regardless of when the adoption occurred. 

14 ‘‘(2) Nothing in this section shall impair or defeat 

15 the right of any Alaska Native child who has been adopted 

16 to inherit from and through the Alaska Native child’s 

17 adoptive parents and their kindred under the law of devise, 

18 descent, and distribution of any State. 

19 ‘‘(h) DEFINITIONS.—For purposes of this section—

20 ‘‘(1) the term ‘Alaska Native child’ shall mean 

21 any adopted person who is a ‘Native’ as defined in 

22 section 3(b) of the Alaska Native Claims Settlement 

23 Act (43 U.S.C. 1602(b)) or any adopted person who 

24 is a member of or eligible for membership in an In25 dian tribe located in the State of Alaska; and 
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1 ‘‘(2) the term ‘natural parent’ or ‘parent’ shall 

2 mean any biological parent of an Alaska Native 

3 child, including the unwed father where paternity 

4 has been acknowledged or established. 

5 ‘‘SEC. 118. COMPLIANCE REVIEWS. 

6 ‘‘(a) IN GENERAL.—The Secretary of Health and 

7 Human Services, in consultation with the Secretary of the 

8 Interior and Indian tribes, shall promulgate regulations 

9 for the review and determination of whether States and 

10 State agencies, including agencies licensed by the State, 

11 are acting in substantial conformity with the requirements 

12 of this Act in matters involving Indian children subject 

13 to this Act. Regulations promulgated pursuant to this sec14 tion shall place special emphasis on reviewing substantial 

15 conformity with the placement preference requirements of 

16 section 105 and prioritize enforcement of conformity with 

17 such requirements. 

18 ‘‘(b) MINIMUM STANDARDS.—For purposes of con19 formity determinations with respect to section 105, the 

20 regulations promulgated pursuant to this section shall fix 

21 minimum standards for such conformity, which may in22 clude standards for each State or such other standards 

23 as the Secretary may determine to be most practical and 

24 effective in achieving compliance with the placement pref25 erence requirements of section 105. Whenever a State is 
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1 not in substantial conformity with such standards, the 

2 Secretary shall require an action plan under subsection 

3 (d)(6)(A). 

4 ‘‘(c) REPORT.—For the purpose of establishing or ad5 justing the minimum standards applicable to determining 

6 conformity with the requirements of section 105, the Sec7 retary shall prepare, in consultation with the Secretary of 

8 the Interior and Indian tribes, a report identifying on a 

9 State-by-State basis for each year from 1995 through the 

10 date of the enactment of this Act—

11 ‘‘(1) the number of Indian children placed in 

12 foster, preadoptive, or adoptive homes; 

13 ‘‘(2) the number of Indian children placed in 

14 each of the preferred placement preference cat15 egories designated in section 105; and 

16 ‘‘(3) the number of Indian children not placed 

17 in a preferred placement category. 

18 For those children not placed in a preferred placement 

19 category, the report shall identify the good cause basis for 

20 the placement. The report shall include placements made 

21 by public agencies, agencies licensed by a State, and indi22 viduals. The report shall be completed not later than one 

23 year following the effective date of this section. 

24 ‘‘(d) ELEMENTS OF REVIEW SYSTEM.—The regula25 tions referred to in subsection (a) of this section shall—
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1 ‘‘(1) limit conformity reviews to States in which 

2 either an Indian tribe is located or there is an In3 dian population of more than 10,000; 

4 ‘‘(2) require consultation with the Secretary 

5 and affected Indian tribes in planning and carrying 

6 out any conformity review; 

7 ‘‘(3) specify the timetable for conformity re8 views, including—

9 ‘‘(A) an initial review of each covered State 

10 not later than 3 years after the promulgation of 

11 the regulations referred to in subsection (a); 

12 ‘‘(B) a timely review of a covered State’s 

13 conformity following a review in which such 

14 program was found not to be in substantial con15 formity; and 

16 ‘‘(C) less frequent reviews of States which 

17 have been found to be in substantial conformity, 

18 but such regulations shall require reviews at 

19 least every 3 years and shall permit the Sec20 retary to reinstate more frequent reviews based 

21 on information that indicates that a State may 

22 not be in conformity; 

23 ‘‘(4) specify the requirements subject to review 

24 and the criteria to be used to measure conformity 
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1 with such requirements and to determine whether 

2 there is a substantial failure to so conform; 

3 ‘‘(5) require the Secretary, not later than 10 

4 days after a final determination that a State or any 

5 of its agencies, including agencies licensed by the 

6 State, is not in conformity, to notify the State of the 

7 basis for the determination; 

8 ‘‘(6) require the Secretary, with respect to any 

9 State found to have failed substantially to so con10 form—

11 ‘‘(A) to afford the State an opportunity to 

12 adopt and submit to the Secretary for approval, 

13 not later than 120 days after such final deter14 mination, a corrective action plan to end the 

15 failure to so conform, designed with specific im16 plementation timetables, and developed in con17 sultation with affected Indian tribes, Indian or18 ganizations within such State with expertise 

19 concerning the requirements of this Act or, in 

20 the absence of such Indian tribes or Indian or21 ganizations, national Indian organizations with 

22 such expertise; and 

23 ‘‘(B) to make technical assistance available 

24 to the State to the extent feasible to enable the
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1 State to develop and implement such a correc2 tive action plan; and 

3 ‘‘(7) require the Secretary, not later than 60 

4 days after the date on which a State submits a cor5 rective action plan, to—

6 ‘‘(A) approve the plan; or 

7 ‘‘(B)(i) if the corrective action plan does 

8 not meet the requirements for approval, consult 

9 with the State, the Secretary of the Interior 

10 and affected Indian tribes and seek agreement 

11 from the State to modifications that meet such 

12 requirements; and 

13 ‘‘(ii) in the absence of an agreement with 

14 the State, amend the plan to include such modi15 fications as the Secretary may deem necessary 

16 in order to approve such plan. 

17 ‘‘(e) PROMULGATION OF REGULATIONS.—The regu18 lations referred to in subsection (a) shall be promulgated 

19 not later than 180 days after the date of the enactment 

20 of this Act. 

21 ‘‘(f) ENFORCEMENT OF NONCONFORMITY DETER22 MINATION.—

23 ‘‘(1) IN GENERAL.—Whenever a State or any 

24 agency of the State, including agencies licensed by 

25 the State, has failed to adopt a corrective action 
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1 plan within 180 days after a final determination by 

2 the Secretary that the State or agency is not in con3 formity with the requirements of this Act or has 

4 failed to implement a corrective action plan within 

5 the timeframes specified in such corrective action 

6 plan, the Attorney General may bring an action 

7 against the State or agency in any appropriate 

8 United States district court seeking to compel the 

9 adoption of a corrective action plan or, as the case 

10 may be, to enforce such corrective action plan 

11 through declaratory, injunctive, or other appropriate 

12 equitable relief. 

13 ‘‘(2) ACTION BY AFFECTED INDIAN TRIBES.—

14 An action described in paragraph (1) may be 

15 brought by any affected Indian tribe against any ap16 propriate official of a State or, for failure to imple17 ment a corrective action plan, against any such offi18 cial or agency licensed by a State. 

19 ‘‘(3) INTERVENTION.—Upon timely application, 

20 an affected Indian tribe shall have the right to inter21 vene in a civil action commenced by the Attorney 

22 General pursuant to paragraph (1) and the Attorney 

23 General shall have the right to intervene in a civil 

24 action commenced by any affected Indian tribe pur25 suant to paragraph (2). 
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1 ‘‘(4) LIMITATION OF ACTIONS.—An action 

2 under paragraph (1) may not be brought more than 

3 3 years after the date of the Secretary’s determina4 tion. The computation of the 3-year period shall not 

5 include any time during which an administrative 

6 proceeding was pending with respect to the Sec7 retary’s determination. 

8 ‘‘(5) ATTORNEY’S FEES.—In an action or pro9 ceeding brought pursuant to paragraph (1) or (2), 

10 the court, in its discretion, may allow a prevailing 

11 Indian tribe reasonable attorney’s fees, including ex12 pert fees, as part of the costs. For purposes of this 

13 subsection, an Indian tribe shall be deemed to have 

14 prevailed where a judgment, consent decree, or order 

15 results in requiring a State to adopt a corrective ac16 tion plan, or in the enforcement of all or part of a 

17 corrective action plan or when a State or an agency 

18 of the State, including an agency licensed by the 

19 State, voluntarily implements all or part of correc20 tive action plan as a result of the action. 

21 ‘‘SEC. 119. CHILDREN OF STATE-RECOGNIZED AND CANA22 DIAN TRIBES. 

23 ‘‘(a) For the purposes of sections 101(c), 102, 103, 

24 104, 105, 106, 107, 110, 111, 112, 114, 115, and 116, 

25 the term ‘Indian child’ shall include any unmarried person 
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1 who is under age 18 who is a member of or eligible for 

2 membership in a tribe recognized by a State, or by the 

3 Government of Canada or any province or territory there4 of, and the term ‘Indian tribe’ shall include such tribal 

5 entities, when such a tribe has adopted and provided to 

6 the Secretary a resolution—

7 ‘‘(1) consenting to the application of such provi8 sions to such children; 

9 ‘‘(2) describing the requirements for tribal 

10 membership and annexing any constitution, laws, or 

11 regulations stating such requirements; 

12 ‘‘(3) providing the tribe’s address and telephone 

13 number; 

14 ‘‘(4) identifying one or more individuals who 

15 can be contacted with respect to matters arising 

16 under this Act together with information on how to 

17 contact any such individuals; 

18 ‘‘(5) identifying the name, address, and tele19 phone number of the tribe’s agent for service of 

20 process; and 

21 ‘‘(6) including, as an attachment, a law or 

22 other documentation from a State or from said Gov23 ernment of Canada or any province or territory 

24 thereof establishing that such State or said Govern25 ment of Canada or any province or territory thereof 
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1 recognizes such tribe and, in the case of a tribe rec2 ognized by a State, that such State consents to the 

3 application of such provisions to such tribe’s chil4 dren. 

5 ‘‘(b) Not later than 60 days after receipt of a resolu6 tion described in subsection (a)(1) or the documentation 

7 described in subsection (a)(2), the Secretary shall publish 

8 in the Federal Register a notice that includes such resolu9 tion or documentation and informs the public that the pro10 visions of this Act identified in subsection (a) apply to the 

11 tribe or tribes identified in such notice and to children who 

12 are members of or eligible for membership in such tribe 

13 or tribes. The Secretary shall also notify the affected State 

14 or States of such publication. The provisions of this Act 

15 identified in subsection (a) shall apply to such tribe or 

16 tribes and children 30 days after publication in the Fed17 eral Register of the notice of such resolution or docu18 mentation. 

19 ‘‘(c) The tribe of a child covered under subsection (a) 

20 may by resolution designate a federally recognized Indian 

21 tribe or an Indian organization as its agent for the pur22 poses of this Act. Any such resolution shall not be effective 

23 unless delivered to the Secretary together with a resolution 

24 of the designated Indian tribe or Indian organization con25 senting to such designation. Not later than 60 days after
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1 receipt of the resolution of an Indian tribe of a child cov2 ered under subsection (a), the Secretary shall publish in 

3 the Federal Register a notice that includes such resolu4 tion. The designation shall be effective upon such publica5 tion unless the resolution specifies a later effective date.’’. 

6 SEC. 19. DEFINITIONS. 

7 Section 4 of the Indian Child Welfare Act of 1978 

8 (25 U.S.C. 1903) is amended—

9 (1) by amending paragraph (1)(i), (1)(iii), and 

10 (1)(iv) to read as follows: 

11 ‘‘(i) ‘foster care placement’ which shall 

12 mean any action which may result in the place13 ment of an Indian child in a foster home or in14 stitution or in the home of a guardian or con15 servator, where parental rights have not been 

16 terminated; 

17 ‘‘(ii) ‘preadoptive placement’ which shall 

18 mean the placement of an Indian child in a fos19 ter home or institution or in the home of a 

20 guardian or conservator after the termination of 

21 parental rights, but prior to or in lieu of adop22 tive placement, or any action which results in 

23 the prospective adoptive placement of an Indian 

24 child prior to any termination of parental 

25 rights; and 
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1 ‘‘(iii) ‘adoptive placement’ which shall 

2 mean the permanent placement of an Indian 

3 child in the home of a guardian or conservator 

4 or for adoption, including any action resulting 

5 in a final decree of adoption.’’; 

6 (2) in paragraph (3), by inserting before the 

7 semicolon at the end the following: ‘‘, or for pur8 poses of section 107, any person who is seeking to 

9 determine eligibility for tribal membership’’; 

10 (3) by amending paragraphs (4) and (5) to 

11 read as follows: 

12 ‘‘(4) ‘Indian child’ means any unmarried person 

13 who is less than 18 years of age and—

14 ‘‘(A) is a member of an Indian tribe; 

15 ‘‘(B) is eligible for membership in an In16 dian tribe; or 

17 ‘‘(C) if the child is not a member of or eli18 gible for membership in an Indian tribe, the 

19 child is certified by an Indian tribe to be a part 

20 of its community and is a child of a member of 

21 an Indian tribe or of a person who is eligible for 

22 membership in an Indian tribe and—

23 ‘‘(i) resides or is domiciled within the 

24 reservation of such child’s parent or grand25 parent; 
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1 ‘‘(ii) is an Alaska Native who resides 

2 or is domiciled within an Alaska Native vil3 lage; or 

4 ‘‘(iii) resides or is domiciled within 

5 any lands described in a resolution of an 

6 Indian tribe adopted pursuant to section 

7 108(c). 

8 ‘‘(5) ‘Indian child’s tribe’ means—

9 ‘‘(A) the Indian tribe in which an Indian 

10 child is a member or eligible for membership; 

11 ‘‘(B) for an Indian child described in para12 graph (4)(C), an Indian tribe that certifies such 

13 a child to be part of its community; or 

14 ‘‘(C) in the case of an Indian child who is 

15 certified to be part of the community of more 

16 than 1 Indian tribe, the Indian tribe with which 

17 the Indian child has the most significant con18 tacts, unless the Indian tribe with which the In19 dian child has the most significant contacts des20 ignates, with the consent of the Indian tribe to 

21 be designated as the Indian child’s tribe, an22 other Indian tribe in which the Indian child is 

23 a member, eligible for membership, or of which 

24 the Indian child is certified to be part of the 

25 community.’’; and 
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1 (4) in paragraph (9), by striking ‘‘Indian’’ the 

2 second place it appears and inserting after the first 

3 sentence the following: ‘‘Except for the purposes of 

4 sections 103(b) and (h), 104, 105(d), 106(a) and 

5 (b), 107, and 301, the term shall not include any 

6 person whose parental rights have been termi7 nated.’’. 

8 SEC. 20. LICENSING OR APPROVAL QUALIFICATIONS FOR 

9 ASSISTANCE. 

10 The last sentence of section 201(b) of the Indian 

11 Child Welfare Act of 1978 (25 U.S.C. 1931(b)) is amend12 ed by striking ‘‘For purposes’’ and inserting ‘‘Notwith13 standing any law or regulation to the contrary, for pur14 poses.’’. 

15 SEC. 21. FOSTER AND ADOPTIVE HOME BACKGROUND 

16 CHECKS, LICENSING, AND APPROVAL. 

17 Section 408 of the Indian Child Protection and Fam18 ily Violence Prevention Act (25 U.S.C. 3207) is amended 

19 by adding at the end the following: 

20 ‘‘(d)(1) Investigations conducted under this section 

21 shall be deemed to satisfy any requirement under any 

22 other Federal law for background checks in connection 

23 with the placement of an Indian child in a foster home, 

24 an institution, or an adoptive home. 
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1 ‘‘(2) Any foster or adoptive home licensed or ap2 proved by an Indian tribe under standards equal to or 

3 more stringent than those established under subsection 

4 (c)(2) shall be deemed to satisfy the requirements of any 

5 other Federal law pertaining to the licensing or approval 

6 of foster or adoptive homes.’’. 

7 SEC. 22. SEVERABILITY. 

8 Section 403 of the Indian Child Welfare Act of 1978 

9 (25 U.S.C. 1963) is amended to read as follows: 

10 ‘‘SEC. 404. SEVERABILITY. 

11 ‘‘If any provision of this Act or the application there12 of to any person or circumstance is held invalid, the re13 mainder of this Act and the application of such provision 

14 to other persons or circumstances shall not be affected 

15 thereby.’’.

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