[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10146-10159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03925]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[K00103 12/13 A3A10; 134D0102DR-DS5A300000-DR.5A311.IA000113]


Guidelines for State Courts and Agencies in Indian Child Custody 
Proceedings

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: These updated guidelines provide guidance to State courts and 
child welfare agencies implementing the Indian Child Welfare Act's 
(ICWA) provisions in light of written and oral comments received during 
a review of the Bureau of Indian Affairs (BIA) Guidelines for State 
Courts in Indian Child Custody Proceedings published in 1979. They also 
reflect recommendations made by the Attorney General's Advisory 
Committee on American Indian/Alaska Native Children Exposed to Violence 
and significant developments in jurisprudence since ICWA's inception. 
The updated BIA Guidelines for State Courts and Agencies in Indian 
Child Custody Proceedings promote compliance with ICWA's stated goals 
and provisions by providing a framework for State courts and child

[[Page 10147]]

welfare agencies to follow, as well as best practices for ICWA 
compliance. Effective immediately, these guidelines supersede and 
replace the guidelines published in 1979.

DATES: These guidelines are effective on February 25, 2015.

FOR FURTHER INFORMATION CONTACT: Hankie Ortiz, Deputy Director--Indian 
Services, Bureau of Indian Affairs, U.S. Department of the Interior, 
1849 C Street, NW., Washington, DC 20240, (202) 208-2874; 
<a href="/cdn-cgi/l/email-protection#2f474e4144464a01405d5b46556f4d464e01484059"><span class="__cf_email__" data-cfemail="056d646b6e6c602b6a77716c7f45676c642b626a73">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    These updated BIA guidelines provide standard procedures and best 
practices to be used in Indian child welfare proceedings in State 
courts. The updated guidelines are issued in response to comments 
received during several listening sessions, written comments submitted 
throughout 2014, and recommendations of the Attorney General's Advisory 
Committee on American Indian/Alaska Native Children Exposed to 
Violence.
    Congress enacted ICWA in 1978 to address the Federal, State, and 
private agency policies and practices that resulted in the ``wholesale 
separation of Indian children from their families.'' H. Rep. 95-1386 
(July 24, 1978), at 9. Congress found ``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 . . . . '' 25 U.S.C. 1901(4). Congress determined that 
cultural ignorance and biases within the child welfare system were 
significant causes of this problem and that state 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.'' 25 U.S.C. 1901(5); H. 
Rep. 95-1386, at 10. Congress enacted ICWA to ``protect the best 
interests of Indian children and to promote the stability and security 
of Indian tribes and families by establishing minimum Federal standards 
for the removal of Indian children from their families and the 
placement of such children in foster or adoptive homes or institutions 
which will reflect the unique values of Indian culture.'' H. Rep. 95-
1386, at 8. ICWA thus articulates a strong ``federal policy that, where 
possible, an Indian child should remain in the Indian community.'' 
Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) 
(citing H. Rep. 95-1386 at 24).
    Following ICWA's enactment, in July 1979, the Department of the 
Interior (Department) issued regulations addressing notice procedures 
for involuntary child custody proceedings involving Indian children, as 
well as governing the provision of funding for and administration of 
Indian child and family service programs as authorized by ICWA. See 25 
CFR part 23. Those regulations did not address the specific 
requirements and standards that ICWA imposes upon State court child 
custody proceedings, beyond the requirements for contents of the 
notice. Also, in 1979, the BIA published guidelines for State courts to 
use in interpreting many of ICWA's requirements in Indian child custody 
proceedings. 44 FR 67584 (Nov. 26, 1979). Although there have been 
significant developments in ICWA jurisprudence, the guidelines have not 
been updated since they were originally published in 1979. Much has 
changed in the 35 years since the original guidelines were published, 
but many of the problems that led to the enactment of ICWA persist.
    In 2014, the Department invited comments to determine whether to 
update its guidelines and what changes should be made. The Department 
held several listening sessions, including sessions with 
representatives of federally recognized Indian tribes, State court 
representatives (e.g., the National Council of Juvenile and Family 
Court Judges and the National Center for State Courts' Conference of 
Chief Justices Tribal Relations Committee), the National Indian Child 
Welfare Association, and the National Congress of American Indians. The 
Department received comments from those at the listening sessions and 
also received written comments, including comments from individuals and 
additional organizations, such as the Christian Alliance for Indian 
Child Welfare and the American Academy of Adoption Attorneys. An 
overwhelming proportion of the commenters requested that the Department 
update its ICWA guidelines and many had suggestions for revisions that 
have been included. The Department reviewed and considered each comment 
in developing these revised Guidelines.

II. Statutory Authority

    The Department is issuing these updated guidelines under ICWA, 25 
U.S.C. 1901 et seq., and its authority over the management of all 
Indian affairs under 25 U.S.C. 2.

III. Summary of Updates

    The 1979 guidelines included ``commentary'' for each section, which 
was intended to explain the requirements of each section. The updated 
guidelines are clearer, making the commentary unnecessary. Recognizing 
the important role that child welfare agencies play in ICWA compliance, 
these updated guidelines broaden the audience of the guidelines to 
include both State courts and any agency or other party seeking 
placement of an Indian child. The guidelines identify procedures to 
address circumstances in which a parent desires anonymity in a 
voluntary proceeding. Those procedures clarify that a parent's desire 
for anonymity does not override the responsibility to comply with ICWA. 
The guidelines also establish that agencies and courts should document 
their efforts to comply with ICWA. The following paragraphs include 
section-by-section highlights of the substantive updates that these 
guidelines make to the 1979 version.

Section A. General Provisions (formerly, entitled ``Policy'')

    The updated guidelines add several provisions to section A, to 
provide better context for the guidelines and clear direction on 
implementing the guidelines. For example, this section includes 
definitions of key terms used throughout the guidelines, such as 
``active efforts'' and ``child custody proceeding.'' The phrase 
``active efforts'' has been inconsistently interpreted. The guidelines' 
definition is intended to provide clarity--particularly in establishing 
that ``active efforts'' require a level of effort beyond ``reasonable 
efforts.''
    Section A also includes an applicability section, which 
incorporates many of the provisions of the 1979 guidelines' section 
B.3. In addition, section A:
    <bullet> Clarifies that agencies and State courts must ask, in 
every child custody proceeding, whether ICWA applies;
    <bullet> Clarifies that courts should follow ICWA procedures even 
when the Indian child is not removed from the home, in order to allow 
tribes to intervene as early as possible to assist in preventing a 
breakup of the family; and
    <bullet> Provides that, where agencies and State courts have reason 
to know that a child is an Indian child, they must treat that child as 
an Indian child unless and until it is determined that the child is not 
an Indian child.
    These clarifications are necessary to ensure that the threshold 
question for determining whether ICWA applies (is

[[Page 10148]]

the child an Indian child?) is asked, and asked as soon as possible. If 
such inquiry is not timely made, a court proceeding may move forward 
without appropriate individuals aware that ICWA applies and that 
certain procedures must be followed. Tragic consequences may result.
    The updated guidelines also add a section regarding how to contact 
a tribe, in case the agency or State court is unfamiliar with whom to 
contact.
    Section A is intended to make clear that there is no existing 
Indian family (EIF) exception to application of ICWA. The EIF doctrine 
is a judicially-created exception to the application of ICWA. Since 
first recognition of the EIF in 1982, the majority of State appellate 
courts that have considered the EIF have rejected it as contrary to the 
plain language of ICWA. Some State legislatures have also explicitly 
rejected the EIF within their State ICWA statutes. The Department 
agrees with the States that have concluded that there is no existing 
Indian family exception to application of ICWA.
    Section A also clarifies that ICWA and the guidelines apply in 
certain voluntary placements.

Section B. Pretrial Requirements

    The updated guidelines, and section B in particular, promote the 
early identification of ICWA applicability. Such identifications will 
promote proper implementation of ICWA at an early stage, to prevent--as 
much as possible--delayed discoveries that ICWA applies. Often, those 
circumstances resulting from delayed discoveries have caused 
heartbreaking separations and have sometimes led to noncompliance with 
ICWA's requirements. By requiring agencies and courts to consider, as 
early as possible, whether ICWA applies, the updated guidelines will 
ensure that proper notice is given to parents/Indian custodians and 
tribes, that tribes have the opportunity to intervene or take 
jurisdiction over proceedings, as appropriate, and that ICWA's 
placement preferences are respected.
    With regard to early discovery, section B requires agencies and 
courts to consider whether the child is an Indian child, and sets out 
the steps for verifying the tribe(s) and providing notice to the 
parents/Indian custodians and tribe(s). Section B also adds guidance 
regarding the evidence a court may require an agency to provide of the 
agency's investigations into whether the child is an Indian child.
    With regard to application of ICWA, the updated section B clarifies 
when the Act's requirement to conduct ``active efforts'' begins. ICWA 
requires ``active efforts to provide remedial services and 
rehabilitative programs designed to prevent the breakup of the Indian 
family.'' See 25 U.S.C. 1912(d). The updated section B clarifies that 
active efforts must begin from the moment the possibility arises that 
the Indian child may be removed. This updated section also clarifies 
that active efforts should be conducted while verifying whether the 
child is an Indian child; this clarification ensures compliance with 
ICWA in cases in which the status of whether the child is an Indian 
child is not verified until later in the proceedings.
    Section B adds a new paragraph clarifying that the tribe alone 
retains the responsibility to determine tribal membership. This section 
makes clear that there is no requirement for the child to have a 
certain degree of contact with the tribe or for a certain blood degree, 
and notes that a tribe may lack written rolls. The updated guidelines 
delete the provision allowing BIA, in lieu of the tribe, to verify the 
child's status. This provision has been deleted because it has become 
increasingly rare for the BIA to be involved in tribal membership 
determinations, as tribes determine their own membership. See e.g., 
Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978). (``Congress' 
authority over Indian matters is extraordinarily broad, and the role of 
courts in adjusting relations between and among tribes and their 
members correspondingly restrained.'') BIA may assist in contacting the 
tribe to ensure a determination, however.
    The updated section B also expands upon procedures for determining 
a child's tribe in the event that more than one tribe is identified as 
the child's tribe. Specifically, it changes the criteria for 
determining with which tribe the child has ``significant contacts,'' 
adding that the parents' preference for membership will be considered, 
and deleting factors that are subjective or inapplicable to infants.
    With regard to providing notice to Indian tribes and the child's 
parents/Indian custodians, the updated section B:
    <bullet> Clarifies that notice is required for each proceeding (not 
just for the first or last proceeding);
    <bullet> States that notice must be sent, at a minimum, by 
registered mail, return receipt requested, and that personal service or 
other types of service may be in addition to, but not in lieu of, such 
mail; and
    <bullet> Clarifies that the tribe has the right to intervene at any 
time.

This section also clarifies how guidelines apply if the child is 
transferred interstate.
    The updated guidelines expand upon the emergency procedure 
provisions in light of evidence that some States routinely rely upon 
emergency removals and placements in a manner that bypasses 
implementation of ICWA. See Oglala Sioux Tribe v. Hunnik, Case No. 
5:13-cv-05020-JLV, Amicus Brief of the United States, at *5-6 (D.S.D. 
Aug. 14, 2014) (involving allegations that: (1) Defendants are 
conducting perfunctory 48-hour hearings that do not adequately gather 
or evaluate information necessary to determine whether emergency 
removals or placements should be terminated, and that the orders issued 
at the end of the 48-hour hearing do not adequately instruct State 
officials to return the child to the home as soon as the emergency has 
ended; (2) Defendants are violating the Due Process Clause by 
preventing parents from testifying, presenting evidence, or cross-
examining the State's witnesses at the 48-hour hearing; and (3) parents 
are not being provided adequate notice or the opportunity to be 
represented by appointed counsel and that the State courts are issuing 
orders to remove Indian children from their homes without basing those 
orders on evidence adduced in the hearing). Because ICWA was intended 
to help prevent the breakup of Indian families; therefore, emergency 
removals and emergency placements of Indian children should be severely 
limited, applying only in circumstances involving imminent physical 
damage or harm. The updated section B clarifies that the guidelines for 
emergency removal or placement apply regardless of whether the Indian 
child is a resident of or domiciled on a reservation. This section also 
explicitly states the standard for determining whether emergency 
removal or emergency placement is appropriate--i.e., whether it is 
necessary to prevent imminent physical damage or harm to the child--and 
provides examples. The guidelines clearly state that the emergency 
removal/placement must be as short as possible, and provides guidance 
on how to ensure it is as short as possible. It also shortens the time 
period for temporary custody without a hearing or extraordinary 
circumstances from 90 days to 30 days. This shortened timeframe 
promotes ICWA's important goal of preventing the breakup of Indian 
families.

Section C. Procedures for Transfer to Tribal Court

    The updated section C deletes the requirement that requests to 
transfer to

[[Page 10149]]

tribal court be made ``promptly after receiving notice of the 
proceeding'' because there is no such requirement in ICWA. Instead, the 
updated guidelines clarify that the right to transfer is available at 
any stage of a proceeding, including during an emergency removal. The 
updated section C also clarifies that the right to request a transfer 
occurs with each distinct proceeding. ICWA contains no restriction on 
the right to request a transfer occurring at the first, last, or any 
specific child custody proceeding. A tribe may decide that transfer is 
not appropriate until it reaches the stage where parental termination 
is being determined.
    The updated section C also updates the ``good cause'' factors for 
denying transfer to tribal court. The updated criteria are more 
general; in summary, good cause may be found if either parent objects, 
the tribal court declines, or the State court otherwise determines that 
good cause exists. The updated guidelines specifically omit some of the 
factors that were the basis for finding that ``good cause'' exists 
under the 1979 guidelines. One such factor that should no longer be 
considered is whether the proceeding was at an advanced stage. As 
mentioned above, there may be valid reasons for waiting to transfer a 
proceeding until it reaches an advanced stage. Another factor that 
should no longer be considered is the level of contacts the child has 
had with the tribe--this factor unnecessarily introduces an outsider's 
evaluation of the child's relationship with the tribe and cannot 
sensibly be applied to infants.
    The updated guidelines also specify that it is inappropriate to 
conduct an independent analysis, inconsistent with ICWA's placement 
preferences, of the ``best interest'' of an Indian child. The 
provisions of ICWA create a presumption that ICWA's placement 
preferences are in the best interests of Indian children; therefore, an 
independent analysis of ``best interest'' would undermine Congress's 
findings. Finally, the updated guidelines provide that the tribal 
court's prospective placement of an Indian child should not be 
considered, because it invites speculation regarding the tribal court's 
findings and conclusions and, therefore, undermines the independence of 
tribal court decision making.

Section D. Adjudication of Involuntary Placements, Adoptions, or 
Terminations or Terminations of Parental Rights

    The updated section D establishes that parties have the right to 
examine records and reports in a timely manner; this ensures that 
parents/Indian custodians and tribes have the opportunity to examine 
information necessary to protect their rights under ICWA. This updated 
section also expands significantly on how to comply with the Act's 
``active efforts'' requirement. Specifically, the updated guidelines:
    <bullet> Require demonstration that ``active efforts'' were made, 
not only ``prior to'' the commencement of the proceeding, but also 
``until'' the commencement of the proceeding;
    <bullet> Require documentation of what ``active efforts'' were 
made; and
    Require a showing that active efforts have been unsuccessful. The 
updated section D also provides guidance regarding how to identify an 
appropriate ``qualified expert witness.'' Commenters indicated that 
some States rely on witnesses' qualifications as child care 
specialists, or on other areas of expertise, but do not require any 
expert knowledge related to the tribal community. The updated 
guidelines establish a preferential order for witnesses who are experts 
in the culture and customs of the Indian child's tribe. This will 
ensure that the expert witness with the most knowledge of the Indian 
child's tribe is given priority.

Section E. Voluntary Proceedings

    ICWA applies to voluntary proceedings that operate to prohibit an 
Indian child's parent or Indian custodian from regaining custody of the 
child upon demand; nevertheless, evidence suggests that ICWA is 
sometimes ignored or intentionally bypassed in voluntary proceedings. 
The updated section E clarifies that, even in voluntary proceedings, it 
is necessary to determine whether ICWA applies, and to comply with 
ICWA's provisions. To ensure that parents and Indian custodians 
understand the significance of their consent, the updated section E 
requires the consent document to identify any conditions to the consent 
and requires the court to explain the consequences of the consent 
before its execution. It also addresses steps for withdrawal of 
consent. The updated section E further restates the statutory 
restriction that a consent given prior to or within 10 days after birth 
of an Indian child is not valid.

Section F. Dispositions

    The updated guidelines provide more information regarding when and 
how to apply ICWA's placement preferences for foster and adoptive 
placements. In some cases, agencies fail to conduct any investigation 
of whether placements that conform to ICWA's placement preferences are 
available. The updated section F requires that:
    <bullet> The agency bears the burden of proof if it departs from 
any of the placement preferences and must demonstrate that it conducted 
a diligent search to identify placement options that satisfy the 
placement preferences, including notification to the child's parents or 
Indian custodians, extended family, tribe, and others; and
    <bullet> The court determines whether ``good cause'' to deviate 
from the placement preferences exists before departing from the 
placement preferences.

The updated section F also adds provisions to ensure that ``good 
cause'' determinations are explained to all parties and documented.
    Evidence suggests that ``good cause'' has been liberally relied 
upon to deviate from the placement preferences in the past. Commenters 
noted that, in some cases, a State court departed from the placement 
preferences because an Indian child has spent significant time in a 
family's care, despite the fact that the placement was made in 
violation of ICWA. The guidelines attempt to prevent such circumstances 
from arising by encouraging early compliance with ICWA (see sections A 
and B, in particular). The guidelines also specify in section F that 
``good cause'' does not include normal bonding or attachment that may 
have resulted from a placement that failed to comply with the Act. As 
in other parts of the guidelines, this section clarifies that an 
independent consideration of the child's ``best interest'' is 
inappropriate for this determination because Congress has already 
addressed the child's best interest in ICWA. Because ICWA does not 
allow for consideration of socio-economic status in the placement 
preferences, this section also now clarifies that the court may not 
depart from the preferences based on the socio-economic status of one 
placement relative to another, except in extreme circumstances.

Section G. Post-Trial Rights

    ICWA is intended to protect the rights, not only of Indian 
children, parents and Indian custodians, but also of Indian tribes. The 
updated guidelines establish that an Indian child, parent or Indian 
custodian, or tribe may petition to invalidate an action if the Act or 
guidelines have been violated, regardless of which party's rights were 
violated. This approach promotes compliance with ICWA and reflects that 
ICWA is intended to protect the rights of each of these parties.

[[Page 10150]]

    Adults who had been adopted by non-Indian families and seek to 
reconnect with their tribes often face significant hurdles in obtaining 
needed information. The updated guidelines attempt to protect those 
adults' rights to obtain information about their tribal relationship by 
specifying that, even in States where adoptions remain closed, the 
relevant agency should facilitate communication directly with the 
tribe's enrollment office.
    The guidelines also recommend that courts work with tribes to 
identify tribal designees who can assist adult adoptees to connect with 
their tribes.
    Finally, the updated guidelines clarify that the requirement to 
maintain records on foster care, preadoptive placement and adoptive 
placements applies not only in involuntary proceedings, but also in 
voluntary proceedings.

IV. Guidance

    These guidelines supersede and replace the guidelines published at 
44 FR 67584 (November 28, 1979).

Guidelines for State Courts and Agencies in Indian Child Custody 
Proceedings

A. General Provisions
    1. What is the purpose of these guidelines?
    2. What terms do I need to know?
    3. When does ICWA apply?
    4. How do I contact a tribe under these guidelines?
    5. How do these guidelines interact with State laws?
B. Pretrial Requirements
    1. When does the requirement for active efforts begin?
    2. What actions must an agency and State court undertake to 
determine whether a child is an Indian child?
    3. Who makes the determination as to whether a child is a member 
of a tribe?
    4. What is the procedure for determining an Indian child's tribe 
when the child is a member or eligible for membership in more than 
one tribe?
    5. When must a State court dismiss an action?
    6. What are the notice requirements for a child custody 
proceeding involving an Indian child?
    7. What time limits and extensions apply?
    8. What is the process for emergency removal of an Indian child?
    9. What are the procedures for determining improper removal?
C. Procedures for Making Requests for Transfer to Tribal Court
    1. How are petitions for transfer of proceeding made?
    2. What are the criteria and procedures for ruling on transfer 
petitions?
    3. How is a determination of ``good cause'' made?
    4. What happens when a petition for transfer is made?
D. Adjudication of Involuntary Placements, Adoptions, or 
Terminations of Parental Rights
    1. Who has access to reports or records?
    2. What steps must a party take to petition a State court for 
certain actions involving an Indian child?
    3. What are the applicable standards of evidence?
    4. Who may serve as a qualified expert witness?
E. Voluntary Proceedings
    1. What actions must an agency and State court undertake in 
voluntary proceedings?
    2. How is consent obtained?
    3. What information should the consent document contain?
    4. How is withdrawal of consent achieved in a voluntary foster 
care placement?
    5. How is withdrawal of consent to a voluntary adoption 
achieved?
F. Dispositions
    1. When do the placement preferences apply?
    2. What placement preferences apply in adoptive placements?
    3. What placement preferences apply in foster care or 
preadoptive placements?
    4. How is a determination for ``good cause'' to depart from 
placement procedures made?
G. Post-Trial Rights
    1. What is the procedure for petitioning to vacate an adoption?
    2. Who can make a petition to invalidate an action?
    3. What are the rights of adult adoptees?
    4. When must notice of a change in child's status be given?
    5. What information must States furnish to the Bureau of Indian 
Affairs?
    6. How must the State maintain records?

Guidelines for State Courts and Agencies in Indian Child Custody 
Proceedings

A. General Provisions

A.1. What is the purpose of these guidelines?
    These guidelines clarify the minimum Federal standards, and best 
practices, governing implementation of the Indian Child Welfare Act 
(ICWA) to ensure that ICWA is applied in all States consistent with the 
Act's express language, Congress' intent in enacting the statute, and 
the canon of construction that statutes enacted for the benefit of 
Indians are to be liberally construed to their benefit. In order to 
fully implement ICWA, these guidelines should be applied in all 
proceedings and stages of a proceeding in which the Act is or becomes 
applicable.
A.2. What terms do I need to know?
    Active efforts are intended primarily to maintain and reunite an 
Indian child with his or her family or tribal community and constitute 
more than reasonable efforts as required by Title IV-E of the Social 
Security Act (42 U.S.C. 671(a)(15)). Active efforts include, for 
example:
    (1) Engaging the Indian child, the Indian child's parents, the 
Indian child's extended family members, and the Indian child's 
custodian(s);
    (2) Taking steps necessary to keep siblings together;
    (3) Identifying appropriate services and helping the parents to 
overcome barriers, including actively assisting the parents in 
obtaining such services;
    (4) Identifying, notifying, and inviting representatives of the 
Indian child's tribe to participate;
    (5) Conducting or causing to be conducted a diligent search for the 
Indian child's extended family members for assistance and possible 
placement;
    (6) Taking into account the Indian child's tribe's prevailing 
social and cultural conditions and way of life, and requesting the 
assistance of representatives designated by the Indian child's tribe 
with substantial knowledge of the prevailing social and cultural 
standards;
    (7) Offering and employing all available and culturally appropriate 
family preservation strategies;
    (8) Completing a comprehensive assessment of the circumstances of 
the Indian child's family, with a focus on safe reunification as the 
most desirable goal;
    (9) Notifying and consulting with extended family members of the 
Indian child to provide family structure and support for the Indian 
child, to assure cultural connections, and to serve as placement 
resources for the Indian child;
    (10) Making arrangements to provide family interaction in the most 
natural setting that can ensure the Indian child's safety during any 
necessary removal;
    (11) Identifying community resources including housing, financial, 
transportation, mental health, substance abuse, and peer support 
services and actively assisting the Indian child's parents or extended 
family in utilizing and accessing those resources;
    (12) Monitoring progress and participation in services;
    (13) Providing consideration of alternative ways of addressing the 
needs of the Indian child's parents and extended family, if services do 
not exist or if existing services are not available;
    (14) Supporting regular visits and trial home visits of the Indian 
child during any period of removal, consistent with the need to ensure 
the safety of the child; and
    (15) Providing post-reunification services and monitoring.
    ``Active efforts'' are separate and distinct from requirements of 
the Adoption and Safe Families Act

[[Page 10151]]

(ASFA), 42 U.S.C. 1305. ASFA's exceptions to reunification efforts do 
not apply to ICWA proceedings.
    Agency means a private State-licensed agency or public agency and 
their employees, agents or officials involved in and/or seeking to 
place a child in a child custody proceeding.
    Child custody proceeding means and includes any proceeding or 
action that involves:
    (1) Foster care placement, which is any action removing an Indian 
child from his or her 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, although parental rights have not been 
terminated;
    (2) Termination of parental rights, which is any action resulting 
in the termination of the parent-child relationship;
    (3) Preadoptive placement, which is 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; or
    (4) Adoptive placement, which is the permanent placement of an 
Indian child for adoption, including any action resulting in a final 
decree of adoption.
    Continued custody means physical and/or legal custody that a parent 
already has or had at any point in the past. The biological mother of a 
child has had custody of a child.
    Custody means physical and/or legal custody under any applicable 
tribal law or tribal custom or State law. A party may demonstrate the 
existence of custody by looking to tribal law or tribal custom or State 
law.
    Domicile means:
    (1) For a parent or any person over the age of eighteen, physical 
presence in a place and intent to remain there;
    (2) For an Indian child, the domicile of the Indian child's 
parents. In the case of an Indian child whose parents are not married 
to each other, the domicile of the Indian child's mother. Under the 
principle for determining the domicile of an Indian child, it is 
entirely logical that ``[o]n occasion, a child's domicile of origin 
will be in a place where the child has never been.'' Holyfield, 490 
U.S. at 48. Holyfield notes that tribal jurisdiction under 25 U.S.C. 
1911(a) was not meant to be defeated by the actions of individual 
members of the tribe, because Congress was concerned not solely about 
the interests of Indian children and families, but also about the 
impact of large numbers of Indian children adopted by non-Indians on 
the tribes themselves. Id. at 49.
    Extended family member is defined by the law or custom of the 
Indian child's tribe or, in the absence of such law or custom, is 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.
    Imminent physical damage or harm means present or impending risk of 
serious bodily injury or death that will result in severe harm if 
safety intervention does not occur.
    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 43 CFR part 1606.
    Indian child means any unmarried person who is under age eighteen 
and is either: (1) a member of an Indian tribe; or (2) eligible for 
membership in an Indian tribe and the biological child of a member of 
an Indian tribe.
    Indian child's tribe means: (1) the Indian tribe in which an Indian 
child is a member or eligible for membership; or (2) 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 more 
significant contacts.
    Indian Child Welfare Act (ICWA) or Act means 25 U.S.C. 1901 et seq.
    Indian custodian means any person who has legal custody of an 
Indian child under tribal law or custom or under State law, whichever 
is more favorable to the rights of the parent, or to whom temporary 
physical care, custody, and control has been transferred by the parent 
of such child.
    Indian organization means any group, association, partnership, 
corporation, or other legal entity owned or controlled by Indians or a 
tribe, or a majority of whose members are Indians.
    Indian tribe means any Indian tribe, band, nation, or other 
organized group or community of Indians recognized as eligible for the 
services provided to Indians by the Secretary because of their status 
as Indians, including any Alaska Native village as defined in 43 U.S.C. 
1602(c).
    Parent means any biological parent or parents of an Indian child or 
any Indian person who has lawfully adopted an Indian child, including 
adoptions under tribal law or custom. It does not include an unwed 
father where paternity has not been acknowledged or established. To 
qualify as a parent, an unwed father need only take reasonable steps to 
establish or acknowledge paternity. Such steps may include 
acknowledging paternity in the action at issue or establishing 
paternity through DNA testing.
    Reservation means Indian country as defined in 18 U.S.C 1151, 
including any lands, title to which is held by the United States in 
trust for the benefit of any Indian tribe or individual or held by any 
Indian tribe or individual subject to a restriction by the United 
States against alienation.
    Secretary means the Secretary of the Interior or the Secretary's 
authorized representative acting under delegated authority.
    Status offenses mean offenses that would not be considered criminal 
if committed by an adult; they are acts prohibited only because of a 
person's status as a minor (e.g., truancy, incorrigibility).
    Tribal court means a court with jurisdiction over child custody 
proceedings, including a Court of Indian Offenses, a court established 
and operated under the code or custom of an Indian tribe, or any other 
administrative body of a tribe vested with authority over child custody 
proceedings.
    Upon demand means that the parent or Indian custodians can regain 
custody simply upon request, without any contingencies such as repaying 
the child's expenses.
    Voluntary placement means a placement that either parent has, of 
his or her free will, chosen for the Indian child, including private 
adoptions.
A.3. When does ICWA apply?
    (a) ICWA applies whenever an Indian child is the subject of a State 
child custody proceeding as defined by the Act. ICWA also applies to 
proceedings involving status offenses or juvenile delinquency 
proceedings if any part of those proceedings results in the need for 
placement of the child in a foster care, preadoptive or adoptive 
placement, or termination of parental rights.
    (b) There is no exception to application of ICWA based on the so-
called ``existing Indian family doctrine.'' Thus, the following non-
exhaustive list of factors should not be considered in determining 
whether ICWA is applicable: the extent to which the parent or Indian 
child participates in or observes tribal customs, votes in tribal 
elections or otherwise participates in tribal community affairs, 
contributes to tribal or Indian charities, subscribes to tribal 
newsletters or other periodicals of special interest in Indians, 
participates in Indian religious, social, cultural, or political 
events, or maintains social contacts with other members of the tribe; 
the relationship between the Indian child and his/her Indian parents;

[[Page 10152]]

the extent of current ties either parent has to the tribe; whether the 
Indian parent ever had custody of the child; and the level of 
involvement of the tribe in the State court proceedings.
    (c) Agencies and State courts, in every child custody proceeding, 
must ask whether the child is or could be an Indian child and conduct 
an investigation into whether the child is an Indian child. Even in 
those cases in which the child is not removed from the home, such as 
when an agency opens an investigation or the court orders the family to 
engage in services to keep the child in the home as part of a 
diversion, differential, alternative response or other program, 
agencies and courts should follow the verification and notice 
provisions of these guidelines. Providing notice allows tribes to 
intervene as early as possible in a child custody proceeding and 
provides an opportunity for the tribe to bring resources to bear to 
assist the family in preventing a breakup of the family.
    (d) If there is any reason to believe the child is an Indian child, 
the agency and State court must treat the child as an Indian child, 
unless and until it is determined that the child is not a member or is 
not eligible for membership in an Indian tribe.
    (e) ICWA and these guidelines or any associated Federal guidelines 
do not apply to:
    (1) Tribal court proceedings;
    (2) Placements based upon an act by the Indian child which, if 
committed by an adult, would be deemed a criminal offense; or
    (3) An award, in a divorce proceeding, of custody of the Indian 
child to one of the parents.
    (f) Voluntary placements that do not operate to prohibit the 
child's parent or Indian custodian from regaining custody of the child 
upon demand are not covered by the Act.
    (1) Such placements should be made pursuant to a written agreement, 
and the agreement should state explicitly the right of the parent or 
Indian custodian to regain custody of the child upon demand.
    (2) Nevertheless, it is a best practice to follow the procedures in 
these guidelines to determine whether a child is an Indian child and to 
notify the tribe.
    (g) Voluntary placements in which a parent consents to a foster 
care placement or seeks to permanently terminate his or her rights or 
to place the child in a preadoptive or adoptive placement are covered 
by the Act.
A.4. How do I contact a tribe under these guidelines?
    To contact a tribe to provide notice or obtain information or 
verification under these Guidelines, you should direct the notice or 
inquiry as follows:
    (1) Many tribes designate an agent for receipt of ICWA notices. The 
Bureau of Indian Affairs publishes a list of tribes' designated tribal 
agents for service of ICWA notice in the Federal Register each year and 
makes the list available on its Web site at www.bia.gov.
    (2) For tribes without a designated tribal agent for service of 
ICWA notice, contact the tribe(s) to be directed to the appropriate 
individual or office.
    (3) If you do not have accurate contact information for the 
tribe(s) or the tribe(s) contacted fail(s) to respond to written 
inquiries, you may seek assistance in contacting the Indian tribe(s) 
from the Bureau of Indian Affairs' Regional Office and/or Central 
Office in Washington DC (see www.bia.gov).
A.5. How do these guidelines interact with State laws?
    (a) These guidelines provide minimum Federal standards and best 
practices to ensure compliance with ICWA and should be applied in all 
child custody proceedings in which the Act applies.
    (b) In any child custody proceeding where applicable State or other 
Federal law provides a higher standard of protection to the rights of 
the parent or Indian custodian than the protection accorded under the 
Act, ICWA requires that the State court must apply the higher standard.

B. Pretrial Requirements

B.1. When does the requirement for active efforts begin?
    (a) The requirement to engage in ``active efforts'' begins from the 
moment the possibility arises that an agency case or investigation may 
result in the need for the Indian child to be placed outside the 
custody of either parent or Indian custodian in order to prevent 
removal.
    (b) Active efforts to prevent removal of the child must be 
conducted while investigating whether the child is a member of the 
tribe, is eligible for membership in the tribe, or whether a biological 
parent of the child is or is not a member of a tribe.
B.2. What actions must an agency and State court undertake in order to 
determine whether a child is an Indian child?
    (a) Agencies must ask whether there is reason to believe a child 
that is subject to a child custody proceeding is an Indian child. If 
there is reason to believe that the child is an Indian child, the 
agency must obtain verification, in writing, from all tribes in which 
it is believed that the child is a member or eligible for membership, 
as to whether the child is an Indian child.
    (b) State courts must ask, as a threshold question at the start of 
any State court child custody proceeding, whether there is reason to 
believe the child who is the subject of the proceeding is an Indian 
child by asking each party to the case, including the guardian ad litem 
and the agency representative, to certify on the record whether they 
have discovered or know of any information that suggests or indicates 
the child is an Indian child.
    (1) In requiring this certification, the court may require the 
agency to provide:
    (i) Genograms or ancestry charts for both parents, including all 
names known (maiden, married and former names or aliases); current and 
former addresses of the child's parents, maternal and paternal 
grandparents and great grandparents or Indian custodians; birthdates; 
places of birth and death; tribal affiliation including all known 
Indian ancestry for individuals listed on the charts, and/or other 
identifying information; and/or
    (ii) The addresses for the domicile and residence of the child, his 
or her parents, or the Indian custodian and whether either parent or 
Indian custodian is domiciled on or a resident of an Indian reservation 
or in a predominantly Indian community.
    (2) If there is reason to believe the child is an Indian child, the 
court must confirm that the agency used active efforts to work with all 
tribes of which the child may be a member to verify whether the child 
is in fact a member or eligible for membership in any tribe, under 
paragraph (a).
    (c) An agency or court has reason to believe that a child involved 
in a child custody proceeding is an Indian child if:
    (1) Any party to the proceeding, Indian tribe, Indian organization 
or public or private agency informs the agency or court that the child 
is an Indian child;
    (2) Any agency involved in child protection services or family 
support has discovered information suggesting that the child is an 
Indian child;
    (3) The child who is the subject of the proceeding gives the agency 
or court reason to believe he or she is an Indian child;
    (4) The domicile or residence of the child, parents, or the Indian 
custodian is known by the agency or court to be, or is shown to be, on 
an Indian

[[Page 10153]]

reservation or in a predominantly Indian community; or
    (5) An employee of the agency or officer of the court involved in 
the proceeding has knowledge that the child may be an Indian child.
    (d) In seeking verification of the child's status, in a voluntary 
placement proceeding where a consenting parent evidences a desire for 
anonymity, the agency or court must keep relevant documents 
confidential and under seal. A request for anonymity does not relieve 
the obligation to obtain verification from the tribe(s) or to provide 
notice.
B.3. Who makes the determination as to whether a child is a member of a 
tribe?
    (a) Only the Indian tribe(s) of which it is believed a biological 
parent or the child is a member or eligible for membership may make the 
determination whether the child is a member of the tribe(s), is 
eligible for membership in the tribe(s), or whether a biological parent 
of the child is a member of the tribe(s).
    (b) The determination by a tribe of whether a child is a member, is 
eligible for membership, or whether a biological parent is or is not a 
member of that tribe, is solely within the jurisdiction and authority 
of the tribe.
    (c) No other entity or person may authoritatively make the 
determination of whether a child is a member of the tribe or is 
eligible for membership in the tribe.
    (1) There is no requirement that the child maintain a certain 
degree of contacts with the tribe or for a certain blood quantum or 
degree of Indian blood.
    (2) A tribe need not formally enroll its members for a child to be 
a member or eligible for membership. In some tribes, formal enrollment 
is not required for tribal membership. Some tribes do not have written 
rolls and others have rolls that list only persons that were members as 
of a certain date. See United States v. Broncheau, 597 F.2d 1260, 1263 
(9th Cir. 1979). The only relevant factor is whether the tribe verifies 
that the child is a member or eligible for membership.
    (d) The State court may not substitute its own determination 
regarding a child's membership or eligibility for membership in a tribe 
or tribes.
B.4. What is the procedure for determining an Indian child's tribe when 
the child is a member or eligible for membership in more than one 
tribe?
    (a) Agencies are required to notify all tribes, of which the child 
may be a member or eligible for membership, that the child is involved 
in a child custody proceeding. The notice should specify the other 
tribe or tribes of which the child may be a member or eligible for 
membership.
    (b) If the Indian child is a member or eligible for membership in 
only one tribe, that tribe should be designated as the Indian child's 
tribe.
    (c) If an Indian child is a member or eligible for membership in 
more than one tribe, ICWA requires that the Indian tribe with which the 
Indian child has the more significant contacts be designated as the 
Indian child's tribe.
    (1) In determining significant contacts, the following may be 
considered:
    (i) Preference of the parents for membership of the child;
    (ii) Length of past domicile or residence on or near the 
reservation of each tribe;
    (iii) Tribal membership of custodial parent or Indian custodian; 
and
    (iv) Interest asserted by each tribe in response to the notice that 
the child is involved in a child custody proceeding;
    (d) When an Indian child is already a member of a tribe, but is 
also eligible for membership in another tribe, deference should be 
given to the tribe in which the Indian child is a member, unless 
otherwise agreed to by the tribes. However, if the Indian child is not 
a member of any tribe, an opportunity should be provided to allow the 
tribes to determine which of them should be designated as the Indian 
child's tribe.
    (i) If the tribes are able to reach an agreement, the agreed upon 
tribe should be designated as the Indian child's tribe.
    (ii) If the tribes do not agree, the following factors should be 
considered in designating the Indian child's tribe:
    (A) The preference of the parents or extended family members who 
are likely to become foster care or adoptive placements; and/or
    (B) Tribal membership of custodial parent or Indian custodian; and/
or
    (C) If applicable, length of past domicile or residence on or near 
the reservation of each tribe; and/or
    (D) Whether there has been a previous adjudication with respect to 
the child by a court of one of the tribes; and/or
    (E) Self-identification by the child; and/or
    (F) Availability of placements.
    (iii) In the event the child is eligible for membership in a tribe 
but is not yet a member of any tribe, the agency should take the steps 
necessary to obtain membership for the child in the tribe that is 
designated as the Indian child's tribe.
    (3) Once an Indian tribe is designated as the child's Indian tribe, 
all tribes which received notice of the child custody proceeding must 
be notified in writing of the determination and a copy of that document 
must be filed with the court and sent to each party to the proceeding 
and to each person or governmental agency that received notice of the 
proceeding.
    (4) A determination of the Indian child's tribe for purposes of 
ICWA and these guidelines does not constitute a determination for any 
other purpose or situation.
    (d) The tribe designated as the Indian child's tribe may authorize 
another tribe to act as a representative for the tribe in a child 
custody case, including, for example, having the representative tribe 
perform home studies or expert witness services for the Indian child's 
tribe.
B.5. When must a State court dismiss an action?
    Subject to B.8 (emergency procedures), the following limitations on 
a State court's jurisdiction apply:
    (a) The court must dismiss any child custody proceeding as soon as 
the court determines that it lacks jurisdiction.
    (b) The court must make a determination of the residence and 
domicile of the Indian child. If either the residence or domicile is on 
a reservation where the tribe exercises exclusive jurisdiction over 
child custody proceedings, the State court must dismiss the State court 
proceedings, the agency must notify the tribe of the dismissal based on 
the tribe's exclusive jurisdiction, and the agency must transmit all 
available information regarding the Indian child custody proceeding to 
the tribal court.
    (c) If the Indian child has been domiciled or previously resided on 
an Indian reservation, the State court must contact the tribal court to 
determine whether the child is a ward of the tribal court. If the child 
is a ward of a tribal court, the State court must dismiss the State 
court proceedings, the agency must notify the tribe of the dismissal, 
and the agency must transmit all available information regarding the 
Indian child custody proceeding to the tribal court.
B.6. What are the notice requirements for a child custody proceeding 
involving an Indian child?
    (a) When an agency or court knows or has reason to know that the 
subject of an involuntary child custody proceeding is an Indian child, 
the agency or court must send notice of each such proceeding (including 
but not limited to a temporary custody hearing, any removal or foster 
care placement, any adoptive placement, or any termination of parental 
or custodial

[[Page 10154]]

rights) by registered mail with return receipt requested to:
    (1) Each tribe where the child may be a member or eligible for 
membership;
    (2) The child's parents; and
    (3) If applicable, the Indian custodian.
    (b) Notice may be sent via personal service or electronically in 
addition to the methods required by the Act, but such alternative 
methods do not replace the requirement for notice to be sent by 
registered mail with return receipt requested.
    (c) Notice must be in clear and understandable language and include 
the following:
    (1) Name of the child, the child's birthdate and birthplace;
    (2) Name of each Indian tribe(s) in which the child is a member or 
may be eligible for membership;
    (3) A copy of the petition, complaint or other document by which 
the proceeding was initiated;
    (4) Statements setting out:
    (i) The name of the petitioner and name and address of petitioner's 
attorney;
    (ii) The right of the parent or Indian custodian to intervene in 
the proceedings.
    (iii) The Indian tribe's right to intervene at any time in a State 
court proceeding for the foster care placement of or termination of a 
parental right.
    (iv) If the Indian parent(s) or, if applicable, Indian custodian(s) 
is unable to afford counsel based on a determination of indigency by 
the court, counsel will be appointed to represent the parent or Indian 
custodian where authorized by State law.
    (v) The right to be granted, upon request, a specific amount of 
additional time (up to 20 additional days) to prepare for the 
proceedings due to circumstances of the particular case.
    (vi) The right to petition the court for transfer of the proceeding 
to tribal court under 25 U.S.C. 1911, absent objection by either 
parent: Provided, that such transfer is subject to declination by the 
tribal court.
    (vii) The mailing addresses and telephone numbers of the court and 
information related to all parties to the proceeding and individuals 
notified under this section.
    (viii) The potential legal consequences of the proceedings on the 
future custodial and parental rights of the Indian parents or Indian 
custodians.
    (d) In order to assist the Indian tribe(s) in making a 
determination regarding whether the child is a member or eligible for 
membership, the agency or court should include additional information 
in the notice, such as:
    (1) Genograms or ancestry charts for both parents, including all 
names known (maiden, married and former names or aliases); current and 
former addresses of the child's parents, maternal and paternal 
grandparents and great grandparents or Indian custodians; birthdates; 
places of birth and death; tribal affiliation including all known 
Indian ancestry for individuals listed on the charts, and/or other 
identifying information; and/or
    (2) The addresses for the domicile and residence of the child, his 
or her parents, or the Indian custodian and whether either parent or 
Indian custodian is domiciled on or a resident of an Indian reservation 
or in a predominantly Indian community.
    (3) In the event that a parent has requested anonymity, the agency 
and court must take steps to keep information related to the parent 
confidential and sealed from disclosure.
    (e) If the identity or location of the Indian parents, Indian 
custodians or tribes in which the Indian child is a member or eligible 
for membership cannot be ascertained, but there is reason to believe 
the child is an Indian child, notice of the child custody proceeding 
must be sent to the appropriate Bureau of Indian Affairs Regional 
Director (see www.bia.gov). To establish tribal identity, as much 
information as is known regarding the child's direct lineal ancestors 
should be provided (see section B.6.(c) of these guidelines regarding 
notice requirements). The Bureau of Indian Affairs will not make a 
determination of tribal membership, but may, in some instances, be able 
to identify tribes to contact.
    (f) Because child custody proceedings are usually conducted on a 
confidential basis, information contained in the notice should be kept 
confidential to the extent possible.
    (g) The original or a copy of each notice sent under this section 
should be filed with the court together with any return receipts or 
other proof of service.
    (h) If a parent or Indian custodian appears in court without an 
attorney, the court must inform him or her of the right to appointed 
counsel, the right to request that the proceeding be transferred to 
tribal court, the right to object to such transfer, the right to 
request additional time to prepare for the proceeding and the right (if 
the parent or Indian custodian is not already a party) to intervene in 
the proceedings.
    (i) If the court or an agency has reason to believe that a parent 
or Indian custodian possesses limited English proficiency and is 
therefore not likely to understand the contents of the notice, the 
court or agency must, at no cost, provide a translated version of the 
notice or have the notice read and explained in a language that the 
parent or Indian custodian understands. To secure such translation or 
interpretation support, a court or agency should contact the Indian 
child's tribe or the local BIA agency for assistance in locating and 
obtaining the name of a qualified translator or interpreter.
    (j) In voluntary proceedings, notice should also be sent in 
accordance with this section because the Indian tribe might have 
exclusive jurisdiction and/or the right to intervene. Further, notice 
to and involvement of the Indian tribe in the early stages of the 
proceedings aids the agency and court in satisfying their obligations 
to determine whether the child is an Indian child and in complying with 
25 U.S.C. 1915.
    (k) If the child is transferred interstate, regardless of whether 
the Interstate Compact on the Placement of Children (ICPC) applies, 
both the originating State court and receiving State court must provide 
notice to the tribe(s) and seek to verify whether the child is an 
Indian child.
    (l) The notice requirement includes providing responses to requests 
for additional information, where available, in the event that a tribe 
indicates that such information is necessary to determine whether a 
child is an Indian child.
B.7. What time limits and extensions apply?
    (a) No hearings regarding decisions for the foster care or 
termination of parental rights may begin until the waiting periods to 
which the parents or Indian custodians and to which the Indian child's 
tribe are entitled have passed. Additional extensions of time may also 
be granted beyond the minimum required by the Act.
    (b) A tribe, parent or Indian custodian entitled to notice of the 
pendency of a child custody proceeding has a right, upon request, to be 
granted an additional 20 days from the date upon which notice was 
received in accordance with 25 U.S.C. 1912(a) to prepare for 
participation in the proceeding.
    (c) The proceeding may not begin until all of the following dates 
have passed:
    (1) 10 days after each parent or Indian custodian (or Secretary 
where the parent or Indian custodian is unknown to the petitioner) has 
received notice in accordance with 25 U.S.C. 1912(a);
    (2) 10 days after the Indian child's tribe (or the Secretary if the 
Indian child's tribe is unknown to the party

[[Page 10155]]

seeking placement) has received notice in accordance with 25 U.S.C. 
1912(a);
    (3) 30 days after the parent or Indian custodian has received 
notice in accordance with 25 U.S.C. 1912(a), if the parent or Indian 
custodian has requested an additional 20 days to prepare for the 
proceeding; and
    (4) 30 days after the Indian child's tribe has received notice in 
accordance with 25 U.S.C. 1912(a), if the Indian child's tribe has 
requested an additional 20 days to prepare for the proceeding.
    (d) The court should allow, if it possesses the capability, 
alternative methods of participation in State court proceedings by 
family members and tribes, such as participation by telephone, 
videoconferencing, or other methods.
B.8. What is the process for the emergency removal of an Indian child?
    (a) The emergency removal and emergency placement of an Indian 
child in a foster home or institution under applicable State law is 
allowed only as necessary to prevent imminent physical damage or harm 
to the child. This requirement applies to all Indian children 
regardless of whether they are domiciled or reside on a reservation. 
This does not, however, authorize a State to remove a child from a 
reservation where a tribe exercises exclusive jurisdiction.
    (b) Any emergency removal or emergency placement of any Indian 
child under State law must be as short as possible. Each involved 
agency or court must:
    (1) Diligently investigate and document whether the removal or 
placement is proper and continues to be necessary to prevent imminent 
physical damage or harm to the child;
    (2) Promptly hold a hearing to hear evidence and evaluate whether 
the removal or placement continues to be necessary whenever new 
information is received or assertions are made that the emergency 
situation has ended; and
    (3) Immediately terminate the emergency removal or placement once 
the court possesses sufficient evidence to determine that the emergency 
has ended.
    (c) If the agency that conducts an emergency removal of a child 
whom the agency knows or has reason to know is an Indian child, the 
agency must:
    (1) Treat the child as an Indian child until the court determines 
that the child is not an Indian child;
    (2) Conduct active efforts to prevent the breakup of the Indian 
family as early as possible, including, if possible, before removal of 
the child;
    (3) Immediately take and document all practical steps to confirm 
whether the child is an Indian child and to verify the Indian child's 
tribe;
    (4) Immediately notify the child's parents or Indian custodians and 
Indian tribe of the removal of the child;
    (5) Take all practical steps to notify the child's parents or 
Indian custodians and Indian tribe about any hearings regarding the 
emergency removal or emergency placement of the child; and
    (6) Maintain records that detail the steps taken to provide any 
required notifications under section B.6 of these guidelines.
    (d) A petition for a court order authorizing emergency removal or 
continued emergency physical custody must be accompanied by an 
affidavit containing the following information:
    (1) The name, age and last known address of the Indian child;
    (2) The name and address of the child's parents and Indian 
custodians, if any;
    (3) If such persons are unknown, a detailed explanation of what 
efforts have been made to locate them, including notice to the 
appropriate Bureau of Indian Affairs Regional Director (see 
www.bia.gov);
    (4) Facts necessary to determine the residence and the domicile of 
the Indian child;
    (5) If either the residence or domicile is believed to be on an 
Indian reservation, the name of the reservation;
    (6) The tribal affiliation of the child and of the parents and/or 
Indian custodians;
    (7) A specific and detailed account of the circumstances that led 
the agency responsible for the emergency removal of the child to take 
that action;
    (8) If the child is believed to reside or be domiciled on a 
reservation where the tribe exercises exclusive jurisdiction over child 
custody matters, a statement of efforts that have been made and are 
being made to transfer the child to the tribe's jurisdiction;
    (9) A statement of the specific active efforts that have been taken 
to assist the parents or Indian custodians so the child may safely be 
returned to their custody; and
    (10) A statement of the imminent physical damage or harm expected 
and any evidence that the removal or emergency custody continues to be 
necessary to prevent such imminent physical damage or harm to the 
child.
    (e) At any court hearing regarding the emergency removal or 
emergency placement of an Indian child, the court must determine 
whether the removal or placement is no longer necessary to prevent 
imminent physical damage or harm to the child. The court should accept 
and evaluate all information relevant to the agency's determination 
provided by the child, the child's parents, the child's Indian 
custodians, the child's tribe or any participants in the hearing.
    (f) Temporary emergency custody should not be continued for more 
than 30 days. Temporary emergency custody may be continued for more 
than 30 days only if:
    (1) A hearing, noticed in accordance with these guidelines, is held 
and results in a determination by the court, supported by clear and 
convincing evidence and the testimony of at least one qualified expert 
witness, that custody of the child by the parent or Indian custodian is 
likely to result in imminent physical damage or harm to the child; or
    (2) Extraordinary circumstances exist.
    (g) The emergency removal or placement must terminate as soon as 
the imminent physical damage or harm to the child which resulted in the 
emergency removal or placement no longer exists, or, if applicable, as 
soon as the tribe exercises jurisdiction over the case, whichever is 
earlier.
    (h) Once an agency or court has terminated the emergency removal or 
placement, it must expeditiously:
    (1) Return the child to the parent or Indian custodian within one 
business day; or
    (2) Transfer the child to the jurisdiction of the appropriate 
Indian tribe if the child is a ward of a tribal court or a resident of 
or domiciled on a reservation; or
    (3) Initiate a child custody proceeding subject to the provisions 
of the Act and these guidelines.
    (i) The court should allow, if it possesses the capability, 
alternative methods of participation in State court proceedings by 
family members and tribes, such as participation by telephone, 
videoconferencing, or other methods.
B.9. What are the procedures for determining improper removal?
    (a) If, in the course of any Indian child custody proceeding, any 
party asserts or the court has reason to believe that the Indian child 
may have been improperly removed from the custody of his or her parent 
or Indian custodian, or that the Indian child has been improperly 
retained, such as after a visit or other temporary relinquishment of 
custody, the court must immediately stay the proceeding until a 
determination can be made on the question of improper removal or 
retention, and such

[[Page 10156]]

determination must be conducted expeditiously.
    (b) If the court finds that the Indian child was improperly removed 
or retained, the court must terminate the proceeding and the child must 
be returned immediately to his or her parents or Indian custodian, 
unless returning the child to his parent or custodian would subject the 
child to imminent physical damage or harm.

C. Procedures for Making Requests for Transfer to Tribal Court

C.1. How are petitions for transfer of proceeding made?
    (a) Either parent, the Indian custodian, or the Indian child's 
tribe may request, orally on the record or in writing, that the State 
court transfer each distinct Indian child custody proceeding to the 
tribal court of the child's tribe.
    (b) The right to request a transfer occurs with each proceeding. 
For example, a parent may request a transfer to tribal court during the 
first proceeding for foster placement and/or at a proceeding to 
determine whether to continue foster placement, and/or at a later 
proceeding, for example at a hearing for termination of parental 
rights.
    (c) The right to request a transfer is available at any stage of an 
Indian child custody proceeding, including during any period of 
emergency removal.
    (d) The court should allow, if possible, alternative methods of 
participation in State court proceedings by family members and tribes, 
such as participation by telephone, videoconferencing, or other 
methods.
C.2. What are the criteria and procedures for ruling on transfer 
petitions?
    (a) Upon receipt of a petition to transfer by a parent, Indian 
custodian or the Indian child's tribe, the State court must transfer 
the case unless any of the following criteria are met:
    (1) Either parent objects to such transfer;
    (2) The tribal court declines the transfer; or
    (3) The court determines that good cause exists for denying the 
transfer.
    (b) To minimize delay, the court should expeditiously provide all 
records related to the proceeding to the tribal court.
C.3. How is a determination of ``good cause'' made?
    (a) If the State court believes, or any party asserts, that good 
cause not to transfer exists, the reasons for such belief or assertion 
must be stated on the record or in writing and made available to the 
parties who are petitioning for transfer.
    (b) Any party to the proceeding must have the opportunity to 
provide the court with views regarding whether good cause to deny 
transfer exists.
    (c) In determining whether good cause exists, the court may not 
consider whether the case is at an advanced stage or whether transfer 
would result in a change in the placement of the child because the Act 
created concurrent, but presumptively, tribal jurisdiction over 
proceedings involving children not residing or domiciled on the 
reservation, and seeks to protect, not only the rights of the Indian 
child as an Indian, but the rights of Indian communities and tribes in 
retaining Indian children. Thus, whenever a parent or tribe seeks to 
transfer the case it is presumptively in the best interest of the 
Indian child, consistent with the Act, to transfer the case to the 
jurisdiction of the Indian tribe.
    (d) In addition, in determining whether there is good cause to deny 
the transfer, the court may not consider:
    (1) The Indian child's contacts with the tribe or reservation;
    (2) Socio-economic conditions or any perceived inadequacy of tribal 
or Bureau of Indian Affairs social services or judicial systems; or
    (3) The tribal court's prospective placement for the Indian child.
    (e) The burden of establishing good cause not to transfer is on the 
party opposing the transfer.
C.4. What happens when a petition for transfer is made?
    (a) Upon receipt of a transfer petition the State court must 
promptly notify the tribal court in writing of the transfer petition 
and request a response regarding whether the tribal court wishes to 
decline the transfer. The notice should specify how much time the 
tribal court has to make its decision; provided that the tribal court 
has at least 20 days from the receipt of notice of a transfer petition 
to decide whether to accept or decline the transfer.
    (b) The tribal court should inform the State court of its decision 
to accept or decline jurisdiction within the time required or may 
request additional time; provided that the reasons for additional time 
are explained.
    (c) If the tribal court accepts the transfer, the State court 
should promptly provide the tribal court with all court records.

D. Adjudication of Involuntary Placements, Adoptions, or Terminations 
or Terminations of Parental Rights

D.1. Who has access to reports or records?
    (a) The court must inform each party to a foster care placement or 
termination of parental rights proceeding under State law involving an 
Indian child of his or her right to timely examination of all reports 
or other documents filed with the court and all files upon which any 
decision with respect to such action may be based.
    (b) Decisions of the court may be based only upon reports, 
documents or testimony presented on the record.
D.2. What steps must a party take to petition a State court for certain 
actions involving an Indian child?
    (a) Any party petitioning a State court for foster care placement 
or termination of parental rights to an Indian child must demonstrate 
to the court that prior to, and until the commencement of, the 
proceeding, active efforts have been made to avoid the need to remove 
the Indian child from his or her parents or Indian custodians and show 
that those efforts have been unsuccessful.
    (b) Active efforts must be documented in detail and, to the extent 
possible, should involve and use the available resources of the 
extended family, the child's Indian tribe, Indian social service 
agencies and individual Indian care givers.
D.3. What are the applicable standards of evidence?
    (a) The court may not issue an order effecting a foster care 
placement of an Indian child unless clear and convincing evidence is 
presented, including the testimony of one or more qualified expert 
witnesses, demonstrating that the child's continued custody with the 
child's parents or Indian custodian is likely to result in serious harm 
to the child.
    (b) The court may not order a termination of parental rights unless 
the court's order is supported by evidence beyond a reasonable doubt, 
supported by the testimony of one or more qualified expert witnesses, 
that continued custody of the child by the parent or Indian custodian 
is likely to result in serious harm to the child.
    (c) Clear and convincing evidence must show a causal relationship 
between the existence of particular conditions in the home that are 
likely to result in serious emotional or physical damage to the 
particular child who is the subject of the proceeding. Evidence that 
shows only the existence of

[[Page 10157]]

community or family poverty or isolation, single parenthood, custodian 
age, crowded or inadequate housing, substance abuse, or nonconforming 
social behavior does not by itself constitute clear and convincing 
evidence that continued custody is likely to result in serious 
emotional or physical damage to the child.
D.4. Who may serve as a qualified expert witness?
    (a) A qualified expert witness should have specific knowledge of 
the Indian tribe's culture and customs.
    (b) Persons with the following characteristics, in descending 
order, are presumed to meet the requirements for a qualified expert 
witness:
    (1) A member of the Indian child's tribe who is recognized by the 
tribal community as knowledgeable in tribal customs as they pertain to 
family organization and childrearing practices.
    (2) A member of another tribe who is recognized to be a qualified 
expert witness by the Indian child's tribe based on their knowledge of 
the delivery of child and family services to Indians and the Indian 
child's tribe.
    (3) A layperson who is recognized by the Indian child's tribe as 
having substantial experience in the delivery of child and family 
services to Indians, and knowledge of prevailing social and cultural 
standards and childrearing practices within the Indian child's tribe.
    (4) A professional person having substantial education and 
experience in the area of his or her specialty who can demonstrate 
knowledge of the prevailing social and cultural standards and 
childrearing practices within the Indian child's tribe.
    (c) The court or any party may request the assistance of the Indian 
child's tribe or the Bureau of Indian Affairs agency serving the Indian 
child's tribe in locating persons qualified to serve as expert 
witnesses.

E. Voluntary Proceedings

E.1. What actions must an agency and State court undertake in voluntary 
proceedings?
    (a) Agencies and State courts must ask whether a child is an Indian 
child in any voluntary proceeding under sections B.2. to B.4. of these 
guidelines.
    (b) Agencies and State courts should provide the Indian tribe with 
notice of the voluntary child custody proceedings, including applicable 
pleadings or executed consents, and their right to intervene under 
section B.6. of these guidelines.
E.2. How is consent to termination of parental rights, foster care 
placement or adoption obtained?
    (a) A voluntary termination of parental rights, foster care 
placement or adoption must be executed in writing and recorded before a 
court of competent jurisdiction.
    (b) Prior to accepting the consent, the court must explain the 
consequences of the consent in detail, such as any conditions or timing 
limitations for withdrawal of consent and, if applicable, the point at 
which such consent is irrevocable.
    (c) A certificate of the court must accompany a written consent and 
must certify that the terms and consequences of the consent were 
explained in detail in the language of the parent or Indian custodian, 
if English is not the primary language, and were fully understood by 
the parent or Indian custodian.
    (d) Execution of consent need not be made in open court where 
confidentiality is requested or indicated.
    (e) A consent given prior to or within 10 days after birth of the 
Indian child is not valid.
E.3. What information should a consent document contain?
    (a) The consent document must contain the name and birthdate of the 
Indian child, the name of the Indian child's tribe, identifying tribal 
enrollment number, if any, or other indication of the child's 
membership in the tribe, and the name and address of the consenting 
parent or Indian custodian. If there are any conditions to the consent, 
the consent document must clearly set out the conditions.
    (b) A consent to foster care placement should contain, in addition 
to the information specified in subsection (a), the name and address of 
the person or entity by or through whom the placement was arranged, if 
any, or the name and address of the prospective foster parents, if 
known at the time.
E.4. How is withdrawal of consent achieved in a voluntary foster care 
placement?
    (a) Withdrawal of consent must be filed in the same court where the 
consent document was executed.
    (b) When a parent or Indian custodian withdraws consent to foster 
care placement, the child must be returned to that parent or Indian 
custodian immediately.
E.5. How is withdrawal of consent to a voluntary adoption achieved?
    (a) A consent to termination of parental rights or adoption may be 
withdrawn by the parent at any time prior to entry of a final decree of 
voluntary termination or adoption, whichever occurs later. To withdraw 
consent, the parent must file, in the court where the consent is filed, 
an instrument executed under oath asserting his or her intention to 
withdraw such consent.
    (b) The clerk of the court in which the withdrawal of consent is 
filed must promptly notify the party by or through whom any preadoptive 
or adoptive placement has been arranged of such filing and the child 
must be returned to the parent or Indian custodian as soon as 
practicable.

F. Dispositions

F.1. When do the placement preferences apply?
    (a) In any preadoptive, adoptive or foster care placement of an 
Indian child, the Act's placement preferences apply; except that, if 
the Indian child's tribe has established by resolution a different 
order of preference than that specified in the Act, the agency or court 
effecting the placement must follow the tribe's placement preferences.
    (b) The agency seeking a preadoptive, adoptive or foster care 
placement of an Indian child must always follow the placement 
preferences. If the agency determines that any of the preferences 
cannot be met, the agency must demonstrate through clear and convincing 
evidence that a diligent search has been conducted to seek out and 
identify placement options that would satisfy the placement preferences 
specified in sections F.2. or F.3. of these guidelines, and explain why 
the preferences could not be met. A search should include notification 
about the placement hearing and an explanation of the actions that must 
be taken to propose an alternative placement to:
    (1) The Indian child's parents or Indian custodians;
    (2) All of the known, or reasonably identifiable, members of the 
Indian child's extended family members;
    (3) The Indian child's tribe;
    (4) In the case of a foster care or preadoptive placement:
    (i) All foster homes licensed, approved, or specified by the Indian 
child's tribe; and
    (ii) All Indian foster homes located in the Indian child's State of 
domicile that are licensed or approved by any authorized non-Indian 
licensing authority.
    (c) Where there is a request for anonymity, the court should 
consider whether additional confidentiality protections are warranted, 
but a request for anonymity does not relieve the

[[Page 10158]]

agency or the court of the obligation to comply with the placement 
preferences.
    (d) Departure from the placement preferences may occur only after 
the court has made a determination that good cause exists to place the 
Indian child with someone who is not listed in the placement 
preferences.
    (e) Documentation of each preadoptive, adoptive or foster care 
placement of an Indian child under State law must be provided to the 
State for maintenance at the agency. Such documentation must include, 
at a minimum: the petition or complaint; all substantive orders entered 
in the proceeding; the complete record of, and basis for, the placement 
determination; and, if the placement deviates from the placement 
preferences, a detailed explanation of all efforts to comply with the 
placement preferences and the court order authorizing departure from 
the placement preferences.
F.2. What placement preferences apply in adoptive placements?
    (a) In any adoptive placement of an Indian child under State law, 
preference must be given in descending order, as listed below, to 
placement of the child with:
    (1) A member of the child's extended family;
    (2) Other members of the Indian child's tribe; or
    (3) Other Indian families, including families of unwed individuals.
    (b) The court should, where appropriate, also consider the 
preference of the Indian child or parent.
F.3. What placement preferences apply in foster care or preadoptive 
placements?
    In any foster care or preadoptive placement of an Indian child:
    (a) The child must be placed in the least restrictive setting that:
    (1) Most approximates a family;
    (2) Allows his or her special needs to be met; and
    (3) Is in reasonable proximity to his or her home, extended family, 
and/or siblings.
    (b) Preference must be given, in descending order as listed below, 
to placement of the child with:
    (1) A member of the Indian child's extended family;
    (2) A foster home, licensed, approved or specified by the Indian 
child's tribe, whether on or off the reservation;
    (3) An Indian foster home licensed or approved by an authorized 
non-Indian licensing authority; or
    (4) An institution for children approved by an Indian tribe or 
operated by an Indian organization which has a program suitable to meet 
the child's needs.
F.4. How is a determination for ``good cause'' to depart from the 
placement preferences made?
    (a) If any party asserts that good cause not to follow the 
placement preferences exists, the reasons for such belief or assertion 
must be stated on the record or in writing and made available to the 
parties to the proceeding and the Indian child's tribe.
    (b) The party seeking departure from the preferences bears the 
burden of proving by clear and convincing evidence the existence of 
``good cause'' to deviate from the placement preferences.
    (c) A determination of good cause to depart from the placement 
preferences must be based on one or more of the following 
considerations:
    (1) The request of the parents, if both parents attest that they 
have reviewed the placement options that comply with the order of 
preference.
    (2) The request of the child, if the child is able to understand 
and comprehend the decision that is being made.
    (3) The extraordinary physical or emotional needs of the child, 
such as specialized treatment services that may be unavailable in the 
community where families who meet the criteria live, as established by 
testimony of a qualified expert witness; provided that extraordinary 
physical or emotional needs of the child does not include ordinary 
bonding or attachment that may have occurred as a result of a placement 
or the fact that the child has, for an extended amount of time, been in 
another placement that does not comply with the Act. The good cause 
determination does not include an independent consideration of the best 
interest of the Indian child because the preferences reflect the best 
interests of an Indian child in light of the purposes of the Act.
    (4) The unavailability of a placement after a showing by the 
applicable agency in accordance with section F.1., and a determination 
by the court that active efforts have been made to find placements 
meeting the preference criteria, but none have been located. For 
purposes of this analysis, a placement may not be considered 
unavailable if the placement conforms to the prevailing social and 
cultural standards of the Indian community in which the Indian child's 
parent or extended family resides or with which the Indian child's 
parent or extended family members maintain social and cultural ties.
    (d) The court should consider only whether a placement in 
accordance with the preferences meets the physical, mental and 
emotional needs of the child; and may not depart from the preferences 
based on the socio-economic status of any placement relative to another 
placement.

G. Post-Trial Rights

G.1. What is the procedure for petitioning to vacate an adoption?
    (a) Within two years after a final decree of adoption of any Indian 
child by a State court, or within any longer period of time permitted 
by the law of the State, a parent who executed a consent to termination 
of paternal rights or adoption of that child may petition the court in 
which the final adoption decree was entered to vacate the decree and 
revoke the consent on the grounds that consent was obtained by fraud or 
duress, or that the proceeding failed to comply with ICWA.
    (b) Upon the filing of such petition, the court must give notice to 
all parties to the adoption proceedings and the Indian child's tribe.
    (c) The court must hold a hearing on the petition.
    (d) Where the court finds that the parent's consent was obtained 
through fraud or duress, the court must vacate the decree of adoption, 
order the consent revoked and order that the child be returned to the 
parent.
G.2. Who can make a petition to invalidate an action?
    (a) Any of the following may petition any court of competent 
jurisdiction to invalidate an action for foster care placement or 
termination of parental rights where it is alleged that the Act has 
been violated:
    (1) An Indian child who is the subject of any action for foster 
care placement or termination of parental rights;
    (2) A parent or Indian custodian from whose custody such child was 
removed; and
    (3) The Indian child's tribe.
    (b) Upon a showing that an action for foster care placement or 
termination of parental rights violated any provision of 25 U.S.C. 
1911, 1912, or 1913, the court must determine whether it is appropriate 
to invalidate the action.
    (c) There is no requirement that the particular party's rights 
under the Act be violated to petition for invalidation; rather, any 
party may challenge the action based on violations in implementing the 
Act during the course of the child custody proceeding. For example, it 
is acceptable for the tribe to petition to invalidate an action because

[[Page 10159]]

it violated the rights of a parent, or for a parent to petition to 
invalidate an action because the action violated the statutory rights 
of the tribe. ICWA is designed to provide rights to ensure that tribes, 
parents, and children are protected. In light of Congressional findings 
in ICWA, it is presumed that the Indian child is disadvantaged if any 
of those rights are violated.
    (d) The court should allow, if it possesses the capability, 
alternative methods of participation in State court proceedings by 
family members and tribes, such as participation by telephone, 
videoconferencing, or other methods.
G.3. What are the rights of adult adoptees?
    (a) Upon application by an Indian individual who has reached age 18 
who was the subject of an adoptive placement, the court that entered 
the final decree must inform such individual of the tribal 
affiliations, if any, of the individual's biological parents and 
provide such other information necessary to protect any rights, which 
may include tribal membership, resulting from the individual's tribal 
relationship.
    (b) This section should be applied regardless of whether the 
original adoption was subject to the provisions of the Act.
    (c) Where State law prohibits revelation of the identity of the 
biological parent, assistance of the Bureau of Indian Affairs should be 
sought to help an adoptee who is eligible for membership in a tribe to 
become a tribal member without breaching the Privacy Act or 
confidentiality of the record.
    (d) In States where adoptions remain closed, the relevant agency 
should, at a minimum, communicate directly with the tribe's enrollment 
office and provide the information necessary to facilitate the 
establishment of the adoptee's tribal membership.
    (e) Agencies should work with the tribe to identify at least one 
tribal designee familiar with 25 U.S.C. 1917 to assist adult adoptees 
statewide with the process of reconnecting with their tribes and to 
provide information to State judges about this provision on an annual 
basis.
G.4. When must notice of a change in child's status be given?
    (a) Notice by the court, or an agency authorized by the court, must 
be given to the child's biological parents or prior Indian custodians 
and the Indian child's tribe whenever:
    (1) A final decree of adoption of an Indian child has been vacated 
or set aside; or
    (2) The adoptive parent has voluntarily consented to the 
termination of his or her parental rights to the child; or
    (3) Whenever an Indian child is removed from a foster care home or 
institution to another foster care placement, preadoptive placement, or 
adoptive placement.
    (b) The notice must inform the recipient of the right to petition 
for return of custody of the child.
    (c) A parent or Indian custodian may waive his or her right to such 
notice by executing a written waiver of notice filed with the court. 
The waiver may be revoked at any time by filing with the court a 
written notice of revocation. A revocation of the right to receive 
notice does not affect any proceeding which occurred before the filing 
of the notice of revocation.
G.5. What information must States furnish to the Bureau of Indian 
Affairs?
    (a) Any state entering a final adoption decree or order must 
furnish a copy of the decree or order to the Bureau of Indian Affairs, 
Chief, Division of Human Services, 1849 C Street NW., Mail Stop 4513 
MIB, Washington, DC 20240, along with the following information:
    (1) Birth name of the child, tribal affiliation and name of the 
child after adoption;
    (2) Names and addresses of the biological parents;
    (3) Names and addresses of the adoptive parents;
    (4) Name and contact information for any agency having files or 
information relating to the adoption;
    (5) Any affidavit signed by the biological parent or parents asking 
that their identity remain confidential; and
    (6) Any information relating to the enrollment or eligibility for 
enrollment of the adopted child.
    (b) Confidentiality of such information must be maintained and is 
not subject to the Freedom of Information Act, 5 U.S.C. 552, as 
amended.
G.6. How must the State maintain records?
    (a) The State must establish a single location where all records of 
every voluntary or involuntary foster care, preadoptive placement and 
adoptive placement of Indian children by courts of that State will be 
available within seven days of a request by an Indian child's tribe or 
the Secretary.
    (b) The records must contain, at a minimum, the petition or 
complaint, all substantive orders entered in the proceeding, and the 
complete record of the placement determination.

    Dated: February 19, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2015-03925 Filed 2-24-15; 8:45 am]
BILLING CODE 4310-4J-P


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