I 
108TH CONGRESS 
1ST SESSION H. R. 2750
To make technical amendments to the Indian Child Welfare Act of 1978. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2003
Mr. YOUNG of Alaska (for himself, Mr. HAYWORTH, Mr. KILDEE, and Mr. 
ABERCROMBIE) introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To make technical amendments to the Indian Child Welfare 
Act of 1978.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Indian Child Welfare 
Act Amendments of 2003’’. 
SEC. 2. DECLARATION OF POLICY; APPLICABILITY. 
Section 3 of the Indian Child Welfare Act of 1978 
(25 U.S.C. 1902) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The Congress’’;
(2) by inserting ‘‘by preserving the sovereign 
authority of Indian tribes to regulate domestic rela-
tions involving tribal members,’’ after ‘‘families’’ the 
first place it appears; 
(3) by inserting ‘‘by assuring that Indian chil-
dren have the opportunity to develop or enhance 
their relationship with their families and Indian 
tribes’’ after ‘‘culture,’’; and 
(4) by adding at the end the following: 
‘‘(b) This Act shall apply to any Indian child involved 
in a child custody proceeding regardless of whether such 
child has ever been part of an Indian family or maintained 
a social or cultural relationship with an Indian tribe.’’. 
SEC. 3. JURISDICTION OVER CHILD CUSTODY AND CHILD 
ADOPTION PROCEEDINGS. 
Section 101(a) of the Indian Child Welfare Act of 
1978 (25 U.S.C. 1911(a)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) by striking ‘‘except where such jurisdiction 
is otherwise vested in the State by existing Federal 
law’’, and inserting ‘‘except where jurisdiction over 
any such proceeding has been or is exercised by a 
State under existing Federal law’’;
(3) by inserting after ‘‘tribal court’’ the fol-
lowing: ‘‘or has become subject to a tribal court’s ju-
risdiction under subsection (b)’’ ; and 
(4) by adding at the end the following: 
‘‘(2) Subject to sections 108(b) and 109, subsection 
(b) of this section, and paragraph (1) of this subsection, 
but notwithstanding the existence or absence of a reserva-
tion in Alaska, Indian tribes in Alaska shall have concur-
rent jurisdiction with the State of Alaska over child cus-
tody proceedings involving Indian children who reside or 
are domiciled within the State of Alaska. 
‘‘(3) Subject to sections 108 and 109, and subsection 
(b) of this section, but notwithstanding paragraph (2) of 
this subsection, any person seeking to adopt an Indian 
child in an Alaska State court may petition the tribal court 
of the Indian child’s tribe, at any time, to approve the 
adoption and, upon said tribal court agreeing to hear and 
determine the petition, the adoptive placement proceedings 
shall be within the exclusive jurisdiction of the Indian 
child’s tribe. 
‘‘(4) Nothing in paragraph (2) shall affect—
‘‘(A) the right of any Indian tribe in Alaska to 
exercise jurisdiction, over any Indian child who re-
sides or is domiciled outside the State of Alaska—
‘‘(i) to make such child a ward of a 
tribal court in accordance with subsection 
(a)(1); or 
‘‘(ii) pursuant to subsection (b); and 
‘‘(B) the jurisdiction under paragraph (1) of 
any Indian tribe with a reservation within the exte-
rior boundaries of the State of Alaska.’’. 
SEC. 4. TRANSFER OF JURISDICTION TO TRIBAL COURT. 
Section 101(b) of the Indian Child Welfare Act of 
1978 (25 U.S.C. 1911(b)) is amended to read as follows: 
‘‘(b) TRANSFER OF PROCEEDINGS; DECLINATION BY 
COURT.—In any State court child custody proceeding in-
volving—
‘‘(1) an Indian child not domiciled or residing 
within the reservation of the Indian child’s tribe or 
on any other lands described in a resolution of an 
Indian tribe adopted pursuant to section 108(c); or 
‘‘(2) an Indian child domiciled or residing with-
in any of the areas described in subparagraph (A) 
in a State that, under existing Federal law, has ex-
ercised or is exercising jurisdiction over child cus-
tody proceedings arising within any such area, the 
State court shall transfer such proceeding to the ju-
risdiction of the Indian tribe, upon the petition of ei-
ther parent, the Indian custodian, or the Indian 
child’s tribe, unless—
‘‘(A) the tribal court of the Indian tribe 
declines the transfer of jurisdiction; 
‘‘(B) such tribe or the tribal court of such 
tribe notifies such State court that the tribal 
court does not have subject matter jurisdiction;
‘‘(C) in circumstances where the evidence 
necessary to decide the case cannot be ade-
quately presented in the tribal court without 
undue hardship to the parties or the witnesses, 
the tribal court is unable to mitigate such hard-
ship by making arrangements to receive and 
consider such evidence by remote communica-
tion, hearing the evidence at a location conven-
ient to the parties or the witnesses, or any 
other means permitted in the Indian tribe’s 
rules of evidence or discovery; or 
‘‘(D) either parent objects to the transfer 
of jurisdiction and the objection is consistent 
with the findings and declaration of policy in 
sections 2 and 3.’’. 
SEC. 5. INTERVENTION IN STATE COURT PROCEEDINGS. 
Section 101(c) of the Indian Child Welfare Act of 
1978 (25 U.S.C. 1911(c)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
(2) by striking ‘‘In any State court proceeding 
for the foster care placement of, or termination of 
parental rights to,’’ and inserting ‘‘Except as pro-
vided in section 103(e), in any State court child cus-
tody proceeding involving’’; 
(3) by inserting before the period at the end the 
following: ‘‘and any member of the Indian child’s ex-
tended family shall have a right to intervene in order 
to seek the placement of the child in accordance with 
section 105; and 
(4) by adding at the end the following: 
‘‘(2) Any motion, application or other form of 
request to intervene in a child custody proceeding 
pursuant to paragraph (1) may be filed pro se or 
through legal counsel and representation of the in-
tervenor subsequent to intervention may proceed in 
the same manner.’’. 
SEC. 6. FULL FAITH AND CREDIT. 
Section 101(d) of the Indian Child Welfare Act of 
1978 (25 U.S.C. 1911(d)) is amended—
(1) by striking ‘‘and judicial proceedings’’ the 
first place it appears and inserting ‘‘judicial pro-
ceedings, and tribal court judgments’’;
(2) by inserting ‘‘and to such other proceedings, 
including divorce proceedings, as may involve the de-
termination of an Indian child’s custody’’ after ‘‘cus-
tody proceedings’’; and 
(3) by striking ‘‘and judicial proceedings’’ the 
second place it appears and inserting ‘‘judicial pro-
ceedings, and judgments’’. 
SEC. 7. PENDING INVOLUNTARY CHILD CUSTODY PRO-
CEEDINGS. 
Section 102 of the Indian Child Welfare Act of 1978 
(25 U.S.C. 1912) is amended—
(1) in subsection (a)— 
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(B) by striking, in the first sentence, ‘‘or’’ 
the second place it appears; 
(C) by inserting, in the first sentence, ‘‘or 
adoptive’’ after ‘‘foster care’’; 
(D) by striking, in the first sentence, ‘‘reg-
istered’’ and inserting ‘‘certified’’; 
(E) by striking, in the third sentence, ‘‘or’’ 
after ‘‘No foster care placement’’ and inserting 
a comma; 
(F) by inserting, in the third sentence, ‘‘, 
or adoptive’’ after ‘‘foster care’’; and 
(G) by adding at the end the following:
‘‘(2) Any involuntary child custody proceeding in a 
State court commenced prior to the birth of the Indian 
child shall not be valid. Nothing in this paragraph shall 
limit the authority of a State court to require that the 
prospective parent of an unborn Indian child receive reme-
dial and rehabilitative services designed to protect the 
health of such parent and unborn child and prevent the 
foster care or adoptive placement of such child after birth. 
‘‘(3) Any notice provided under paragraph (1) shall 
contain the information required under section 114.’’; 
(2) in subsection (d) by adding at the end the 
following: ‘‘The active efforts required under this 
subsection shall not be abridged by any other Fed-
eral or State law and, in addition to the efforts to 
prevent family breakup required under any other 
Federal law, shall include the involvement and use 
of any available resources of the extended family, the 
Indian child’s tribe, Indian social service agencies, 
and Indian caregivers who have the expertise, as rec-
ognized by the Indian child’s tribe, to assist the In-
dian child’s family to function as a home for such 
child.’’ and 
(3) by adding at the end the following: 
‘‘(g)(1) Whenever, following the involuntary termi-
nation of the parental rights of a parent of an Indian
child, an Indian child is placed in a preadoptive or adop-
tive placement, including any termination or change of 
such placement, or is the subject of an adoption pro-
ceeding, the party seeking the placement of the child or 
filing the proceeding shall provide written notice of the 
placement or proceeding to the Indian child’s tribe in ac-
cordance with subsection (c)(2)(A)(ii) and (iv) and (3)(A) 
of section 103. A notice under this subsection shall be sent 
by certified mail (return receipt requested). 
‘‘(2) Any notice under paragraph (1) shall contain 
the information required under section 114. 
‘‘(h)(1) Whenever, in connection with a proceeding or 
other action under this section, a party seeks the place-
ment of an Indian child, including any termination or 
change of such placement, such party shall provide written 
notice of the placement to the Indian child’s extended fam-
ily members whose names and addresses are included in 
any notice sent pursuant to subsection (a). The notice 
shall be provided in accordance with subsection (c)(2)(A) 
and (3)(A) of section 103. A notice under this subsection 
shall be sent by certified mail (return receipt requested). 
‘‘(2) Any notice under paragraph (1) shall contain 
the information required under section 114.’’.
SEC. 8. VOLUNTARY TERMINATION OF PARENTAL RIGHTS. 
Section 103(a) of the Indian Child Welfare Act of 
1978 (25 U.S.C. 1913(a)) is amended—
(1) by striking the first sentence and inserting 
the following: 
‘‘(a)(1) Where any parent or Indian custodian volun-
tarily consents to foster care, preadoptive, or adoptive 
placement or to termination of parental rights, such con-
sent shall not be valid unless—
‘‘(A) executed in writing; 
‘‘(B) recorded before a judge of a court of com-
petent jurisdiction; and 
‘‘(C) accompanied by the presiding judge’s cer-
tificate that—
‘‘(i) the terms and consequences of the 
consent were fully explained in detail and were 
fully understood by the parent or Indian custo-
dian; and 
‘‘(ii) any attorney or public or private 
agency that facilitates the voluntary termi-
nation of parental rights or preadoptive or 
adoptive placement has—
‘‘(I) informed the parents orally and 
in writing of all the available placement op-
tions with respect to the child involved;
‘‘(II) informed those parents orally 
and in writing of the applicable provisions 
of this Act; and 
‘‘(III) certified that the biological par-
ents will be notified within 10 days after 
any termination of or change in the adop-
tive placement.’’; 
(2) by striking ‘‘The court shall also certify’’ 
and inserting the following: 
‘‘(2) The court shall also certify’’; 
(3) by striking ‘‘Any consent given prior to,’’ 
and inserting the following: 
‘‘(3) Any consent given prior to,’’; and 
(4) by adding at the end the following: 
‘‘(5) An Indian custodian who has the legal authority 
to consent to an adoptive placement shall be treated as 
a parent for the purposes of the notice and consent to 
adoption provisions of this Act.’’. 
SEC. 9. WITHDRAWAL OF CONSENT. 
Section 103(b) of the Indian Child Welfare Act of 
1978 (25 U.S.C. 1913(b)) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Any’’; and 
(2) by adding at the end the following: 
‘‘(2) Except as provided in paragraph (5), a consent 
to adoption of an Indian child or voluntary termination
of parental rights to an Indian child may be revoked, only 
if—
‘‘(A) no final decree of adoption has been en-
tered; 
‘‘(B)(i) the adoptive placement changes or ter-
minates; or 
‘‘(ii) the revocation occurs before the later of 
the end of—
‘‘(I) the 180-day period beginning on the 
date on which the Indian child’s tribe receives 
written notice of the adoptive placement pro-
vided in accordance with the requirements of 
subsection (c) and section 114, which includes 
an explanation of the revocation period specified 
in this subclause; or 
‘‘(II) the 30-day period beginning on the 
date on which the parent who revokes consent 
receives notice of the commencement of the 
adoption proceeding that includes an expla-
nation of the revocation period specified in this 
subclause; or 
‘‘(C) the child is not in an adoptive placement. 
‘‘(3) Revocation of consent under this subsection 
shall be effective from the date on which the parent who 
revokes consent provides a written revocation of consent
to a party that seeks the voluntary adoptive placement of 
an Indian child or a written or oral revocation of consent 
to the State court, if any, in which any proceeding for 
a termination of parental rights to such Indian child, or 
an adoption proceeding concerning such Indian child, is 
pending. Any revocation sent by mail under this para-
graph shall be effective from the postmarked date of the 
notice. 
‘‘(4) Immediately upon a revocation under paragraph 
(2)—
‘‘(A) the Indian child who is the subject of that 
revocation shall be returned to the parent who re-
vokes consent, but such return shall not be con-
strued to affect the rights of the parent to whom the 
child is not returned; and 
‘‘(B) the court shall send notification of the 
revocation to the last known address of the other 
parent not later than 5 days after the court received 
the revocation. 
‘‘(5) Except as otherwise provided in paragraphs 
(2)(A), (2)(B)(i), and (7), if a consent to adoption or vol-
untary termination of parental rights has not been revoked 
by the end of the applicable period determined under para-
graph (2)(B)(ii), a parent may revoke such consent after 
that date only—
‘‘(A) pursuant to applicable State law; 
‘‘(B) if the parent of the Indian child involved 
petitions a court of competent jurisdiction, and the 
court finds that the consent to adoption or voluntary 
termination of parental rights was obtained through 
fraud or duress; or 
‘‘(C) if the parent of the Indian child involved 
did not receive each applicable written notice re-
quired by subsection (h). 
‘‘(6) Subject to paragraph (7), if a consent to adop-
tion or voluntary termination of parental rights is revoked 
under paragraph (5)(B)—
‘‘(A) the child shall be returned immediately to 
the parent who revokes consent; and 
‘‘(B) if a final decree of adoption has been en-
tered, that final decree shall be vacated. 
‘‘(7) Except as otherwise provided under applicable 
State law, no adoption that has been in effect for a period 
longer than or equal to 2 years may be invalidated under 
this subsection.’’. 
SEC. 10. NOTICE TO INDIAN TRIBES. 
Section 103(c) of the Indian Child Welfare Act of 
1978 (25 U.S.C. 1913(c)) is amended to read as follows:
‘‘(II) does not meet the requirements of 
paragraph (4)(C) of section 4. 
‘‘(4) Except in the case of a voluntary foster care 
placement proceeding, if an Indian tribe files a motion for 
intervention in a State court under this subsection, the 
Indian tribe shall submit to the court, at the same time 
as the Indian tribe files that motion, a tribal certification 
that includes a statement that documents, with respect to 
the Indian child involved, the membership or eligibility for 
membership of that Indian child in the Indian tribe under 
applicable tribal law or the basis for any assertion by the 
tribe that the child meets the requirements of paragraph 
(4)(C) of section 4. 
‘‘(f) Any act or failure to act of an Indian tribe under 
subsection (e) shall not—
‘‘(1) affect any placement preference or other 
right of any individual under this Act; 
‘‘(2) preclude the Indian child that is the sub-
ject of an action taken by the Indian tribe under 
subsection (e) from intervening in a proceeding con-
cerning that Indian child if a proposed adoptive 
placement of that Indian child is changed after that 
action is taken; or 
‘‘(3) except as specifically provided in sub-
section (e), affect the applicability of this Act.
‘‘(g) Notwithstanding any other provision of law, no 
proceeding for a voluntary termination of parental rights 
or adoption of an Indian child may be conducted under 
applicable State law before the date that is 45 days after 
the Indian child’s tribe receives notice of that proceeding 
that was provided in accordance with the requirements of 
subsection (c) and section 114, unless such tribe consents 
to an earlier date or has given written notice to the State 
court or any party involved of its intent not to intervene.’’. 
SEC. 12. NOTICE TO PARENTS. 
Section 103 of the Indian Child Welfare Act of 1978 
(25 U.S.C. 1913) is amended by adding at the end the 
following: 
‘‘(h)(1) A party that terminates or changes the vol-
untary adoptive placement of an Indian child or com-
mences a proceeding for the adoption of an Indian child 
shall provide written notice of such termination, changed 
adoptive placement, or proceeding to the parents of that 
Indian child. Such a party shall also provide the parents 
of that Indian child with a written notice specifying the 
date on which the Indian child’s tribe received a written 
notice of the adoptive placement that was in accordance 
with the requirements of subsection (c) and section 114. 
Any notice under this subsection shall be sent by certified 
mail (return receipt requested) to the parents of the In-
dian child, not later than the applicable date specified in 
paragraph (2) and shall include a copy of any complaint, 
petition, or court order affecting the rights of any such 
parents. Any such notice shall contain the information re-
quired under section 114. 
‘‘(2) Each notice required under paragraph (1) shall 
be sent by the applicable date specified in the following 
cases: 
‘‘(A) Not later than 10 days after any termi-
nation of or change in the adoptive placement of an 
Indian child, including any termination or change 
that occurs whenever a final decree of adoption has 
been vacated or set aside or the adoptive parent or 
parents voluntarily consent to the termination of pa-
rental rights. 
‘‘(B) Not later than 10 days after the com-
mencement of any adoption proceeding concerning 
an Indian child. 
‘‘(C) Not later than 5 days after receiving from 
an Indian child’s tribe the return receipt with re-
spect to the notice of the adoptive placement of an 
Indian child sent to such tribe.
SEC. 13. NOTICE TO EXTENDED FAMILY MEMBERS. 
Section 103 of the Indian Child Welfare Act of 1978 
(25 U.S.C. 1913) is amended by adding at the end the 
following: 
‘‘(i) Whenever, in connection with a proceeding or 
other action under this section, a party seeks the place-
ment of an Indian child, including any termination or 
change of such placement, such party shall provide written 
notice of such proposed placement to the Indian child’s 
extended family members whose names and addresses are 
included in any notice sent pursuant to subsection (c). The 
notice shall be provided in accordance with subsection 
(c)(2)(A) and (3)(A). A notice under this subsection shall 
be sent by certified mail (return receipt requested) and 
shall contain the information required under section 
114.’’. 
SEC. 14. INVALIDATION OF CHILD CUSTODY PROCEEDINGS. 
Section 104 of the Indian Child Welfare Act of 1978 
(25 U.S.C. 1914) is amended to read as follows: 
‘‘SEC. 
104. 
INVALIDATION 
OF 
CHILD 
CUSTODY 
PRO-
CEEDINGS. 
‘‘(a) Any Indian child who is the subject of any action 
for foster care or adoptive placement or termination of pa-
rental rights under State law, any parent or Indian custo-
dian of any such child, the Indian child’s tribe, and a 
member of the Indian child’s extended family who has
been rejected as a placement for the child may petition 
any Federal court having venue to invalidate such action 
upon a showing that such action violated any provision 
of sections 101, 102, 103, and 105. The district courts 
shall have jurisdiction under section 1331 of title 28 over 
any petition filed under this subsection. 
‘‘(b) Notwithstanding any Federal law, a petition 
under subsection (a) shall be adjudicated during a pending 
proceeding when a State court has—
‘‘(1) ruled that the proceeding is not within the 
exclusive jurisdiction of an Indian child’s tribe or 
that the proceeding should not be transferred to 
such Indian tribe’s jurisdiction; 
‘‘(2) ruled that the proceeding is not a child 
custody proceeding or that this Act, for other rea-
sons, does not apply to the proceeding; 
‘‘(3) held that this Act, on its face or as ap-
plied, violates the Constitution; 
‘‘(4) denied a motion to intervene filed by an 
Indian tribe or a member of the Indian child’s ex-
tended family; or 
‘‘(5) in a case where the father of an Indian 
child objects to the adoption of such child and the 
parental rights of such father have not been termi-
nated pursuant to section 102, ruled that such fa-
ther’s consent to the adoption of such child is unnec-
essary. 
‘‘(c) A petition under subsection (a) may be filed 
within 90 days after entry of a final judgment under State 
law and shall be adjudicated notwithstanding any Federal 
law to the contrary. For purposes of this subsection, the 
term ‘‘final judgment’’ means a judgment of a trial court 
where no appeal has been filed under State law, a judg-
ment of an appellate court of a State affirming the judg-
ment of a trial court, or an order of the United States 
Supreme Court denying a writ of certiorari to a State ap-
pellate court. In the case of a petition alleging a violation 
of section 105, ‘‘final judgment’’ shall also mean an ap-
pealable order or judgment under State law that denies 
a placement of an Indian child with a member of the In-
dian child’s extended family where the time to appeal 
under State law has not expired.’’. 
SEC. 15. TRIBAL AFFILIATION INFORMATION. 
Section 107 of the Indian Child Welfare Act of 1978 
(25 U.S.C. 1917) is amended to read as follows: 
‘‘SEC. 107. DISCLOSURE OF INFORMATION REGARDING BIO-
LOGICAL PARENTS. 
‘‘If an adopted Indian who is 18 years of age or older, 
the Indian tribe of an adopted Indian child, the Indian 
tribe of an adopted Indian who is 18 years of age or older,