I
107TH CONGRESS
2D SESSION
H. R. 4733
To make technical amendments to the Indian Child Welfare Act of 1978.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 2002
Mr. YOUNG of Alaska (for himself and Mr. HAYWORTH) 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 2002’’.
SEC. 2. 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)’’; and
(2) by striking the last sentence and inserting
the following:
‘‘(2) An Indian tribe shall retain exclusive jurisdiction
over any involuntary child custody proceeding that in-
volves an Indian child, notwithstanding the residence or
domicile of the Indian child, in any case in which the In-
dian child—
‘‘(A) is a ward of a tribal court of that Indian
tribe; or
‘‘(B) has become subject to the jurisdiction of
the tribal court of that Indian tribe after a transfer
of jurisdiction is carried out under subsection (b).
‘‘(3) An Indian tribe shall retain exclusive jurisdiction
over any voluntary child custody proceeding that involves
an Indian child, notwithstanding any subsequent change
in the residence or domicile of the Indian child, in any
case in which the Indian child—
‘‘(A) resided or was domiciled within the res-
ervation of that Indian tribe at the time the child
custody proceeding commenced; or
‘‘(B) has become subject to the jurisdiction of
the tribal court of that Indian tribe after a transfer
of jurisdiction is carried out under subsection (b).
‘‘(4) The provisions of paragraph (2) of this sub-
section and subsection (b) shall apply to any child custody
proceeding which became subject to concurrent State ju-
risdiction pursuant to the Act of August 15, 1953, or any
other Federal law.
‘‘(5) Subject to sections 108(b)(1) and 109, sub-
section (b) of this section, and paragraphs (2) and (3) of
this subsection, but notwithstanding the existence or ab-
sence of a reservation in Alaska, Indian tribes in Alaska
shall have concurrent jurisdiction with the State of Alaska
over child custody proceedings involving Indian children
who reside or are domiciled within the State of Alaska.
‘‘(6) Subject to sections 108 and 109, this subsection,
and subsection (b) of this section, but notwithstanding
paragraph (5) of this subsection, any person seeking to
adopt an Indian child in an Alaska State court may, at
any time, petition the tribal court of the Indian child’s
tribe 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 juris-
diction of the Indian child’s tribe.
‘‘(7) Nothing in paragraph (5) shall affect—
‘‘(A) the right of any Indian tribe in Alaska to
exercise jurisdiction pursuant to subsection (b) over
any Indian child who resides or is domiciled outside
the State of Alaska; 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. 3. 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 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), the court shall transfer such
proceeding to the jurisdiction of the tribe, upon the peti-
tion of either parent, the Indian custodian, or the Indian
child’s tribe, unless—
‘‘(1) the tribal court of such tribe declines the
transfer of jurisdiction;
‘‘(2) the tribal court does not have subject mat-
ter jurisdiction under the laws of the tribe or Fed-
eral law;
‘‘(3) in circumstances where the evidence nec-
essary to decide the case cannot be adequately pre-
sented in the tribal court without undue hardship to
the parties or the witnesses, the tribal court is un-
able to mitigate such hardship by making arrange-
ments to receive and consider such evidence by re-
mote communication, hearing the evidence at a loca-
tion convenient to the parties or the witnesses, or
any other means permitted in the tribe’s rules of evi-
dence or discovery; or
‘‘(4) either parent objects to the transfer of ju-
risdiction and the objection is consistent with section
2(3) recognizing the vital relationship between In-
dian tribes and their children and the policy set
forth in section 3 that it is in the best interests of
Indian children requiring foster or adoptive home
placement to be placed in homes that reflect the
unique values of Indian culture.’’.
SEC. 4. 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 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’’; and
(2) 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’’.
SEC. 5. 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. 6. PENDING COURT PROCEEDINGS.
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)’’; and
(B) 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.
‘‘(3) Any notice provided under paragraph (1) shall
contain the information required under paragraphs (1),
(2) through (5), and (7) through (10) of section 103(d).
In addition, such notice shall include any complaint or pe-
tition and court orders and contain the following:
‘‘(A) The child’s residence address and domi-
cile, if known.
‘‘(B) A list containing the name, address, date
of birth, and (if applicable) the maiden name of each
parent and grandparent of the Indian child, if—
‘‘(i) known after inquiry of a birth parent;
or
‘‘(ii) otherwise ascertainable through other
reasonable inquiry.
‘‘(C) A statement of the nature of the pro-
ceeding, the allegations made in support of the com-
plaint or petition, and the relief sought.
‘‘(D) A statement of the right of the parent or
Indian custodian and the Indian child’s tribe to re-
quest that the proceeding be transferred to the tribal
court of the such tribe.
‘‘(E) A statement that a parent or Indian cus-
todian unable to afford counsel may request that the
court appoint counsel to represent such parent or
Indian custodian.
‘‘(F) If applicable, a statement of the right of
the parent or Indian custodian and the Indian
child’s tribe to request at least 20 additional days,
from the date of receipt of notice of the proceeding,
to prepare for the proceeding.
‘‘(G) A statement of the potential legal con-
sequences of an adjudication of the complaint or pe-
tition on the rights of any parent or Indian custo-
dian and the potential legal consequences for failing
to respond to the complaint or petition.
‘‘(H) A statement as to whether a written re-
sponse to the complaint or petition must be filed
and, if so, the date that the response must be re-
ceived by the court. The statement shall include an
explanation of the legal consequences of failure to
file such written response.
‘‘(I) A statement of the right of each party to
examine all reports or other documents filed with
the court upon which any decision with respect to
the complaint or petition may be based.’’; and
(2) 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 tribe of such Indian child
in accordance with subsection (c)(2)(A)(ii) and (iv) and
(3)(A) of section 103. A notice under this subsection shall
be sent by registered mail (return receipt requested).
‘‘(2) Any notice under paragraph (1) shall contain
the information required under paragraphs (1), (2)
through (10), and (13) of section 103(d) and paragraph
(2)(A) of subsection (a). In addition, such notice shall in-
clude any complaint or petition and court orders and con-
tain the following:
‘‘(A) A list containing the name, address, date
of birth, and (if applicable) the maiden name of each
parent and grandparent of the Indian child, if—
‘‘(i) known after inquiry of a birth parent;
or
‘‘(ii) otherwise ascertainable through other
reasonable inquiry.
‘‘(B) A statement of the circumstances that
supported a termination of the parental rights of the
parent of the Indian child.
‘‘(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 listed in any notice sent pursuant to sub-
section (a). The notice shall be provided in accordance
with subsection (c)(2)(A) and (3)(A) of section 103. A no-
tice under this subsection shall be sent by registered mail
(return receipt requested).
‘‘(2) Any notice under paragraph (1) shall contain
the information required under paragraphs (1) through
(9) of section 103(d). In addition, such notice shall con-
tain the following:
‘‘(A) A statement that each extended family
member identified in the notice has the right to in-
tervene in any proceeding described in the notice in
order to seek the placement of the child.
‘‘(B) A statement that each extended family
member identified in the notice has the right to seek
the placement of the child without having to inter-
vene in any proceeding described in the notice.
‘‘(C) A statement as to whether a written re-
sponse to the notice must be filed and, if so, the
date that the response must be received and the
name and address to which the response must be
sent. The statement shall include an explanation of
the legal consequences, if any, of failure to file such
written response.
‘‘(D) A description of any information that
must be provided by the extended family member in
order for such member to be considered as a place-
ment for the child.
‘‘(E) A description of the procedure that an ex-
tended family member must follow in order to be
considered as a placement for the child, including
the dates by which an extended family member must
take any action required in order to be so consid-
ered.’’.
SEC. 7. 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 or 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 natural parents of
the placement options with respect to the
child involved;
‘‘(II) informed those parents of the
applicable provisions of this Act; and
‘‘(III) certified that the natural 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:
‘‘(4) 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. 8. 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 (4), 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; and
‘‘(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 tribe of the Indian child re-
ceives written notice of the adoptive placement
provided in accordance with the requirements of
subsections (c) and (d), which includes an ex-
planation 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.
‘‘(C) Revocation of consent under this para-
graph shall be effective from the date on which the
parent who revokes consent provides a written rev-
ocation of consent to a party that seeks the vol-
untary 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 termi-
nation of parental rights to such Indian child, or an
adoption proceeding concerning such Indian child, is
pending. Any revocation sent by mail under this
paragraph shall be effective from the postmarked
date of the notice.
‘‘(3) 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.
‘‘(4) Subject to paragraphs (2)(A), (2)(B)(i), and (6),
if, by the end of the applicable period determined under
subclause (I) or (II) of paragraph (2)(B)(ii), a consent
to adoption or voluntary termination of parental rights has
not been revoked, 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 paragraphs (3)(A), (3)(B), and (3)(C) of
subsection (h).
‘‘(5) Subject to paragraph (6), if a consent to adop-
tion or voluntary termination of parental rights is revoked
under paragraph (4)(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.
‘‘(6) 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. 9. 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:
‘‘(c)(1) A party that seeks the voluntary termination
of the parental rights of a parent of an Indian child or
the voluntary placement of an Indian child, including—
‘‘(A) any preadoptive or adoptive placement
subsequent to an involuntary termination of the pa-
rental rights of a parent of an Indian child; and
‘‘(B) any termination or change of such vol-
untary placement,
shall provide written notice of the proposed placement or
proceeding to the tribe of that Indian child. A notice under
this subsection shall be sent by registered mail (return re-
ceipt requested) to the tribe of the Indian child, not later
than the applicable date specified in paragraph (2) or (3)
and shall include a copy of any complaint or petition and
any court orders.
‘‘(2)(A) Except as provided in paragraph (3), in each
of the following cases, notice shall be provided under para-
graph (1) by the applicable date specified:
‘‘(i) Not later than 100 days after any foster
care placement of an Indian child occurs.
‘‘(ii) Not later than 5 days after any initial or
subsequent preadoptive or adoptive placement or ter-
mination of an adoptive placement of an Indian
child.
‘‘(iii) Not later than 10 days after the com-
mencement of any proceeding for a termination of
parental rights to an Indian child.
‘‘(iv) Not later than 10 days after the com-
mencement of any adoptive proceeding concerning
an Indian child.
‘‘(B) A notice described in subparagraph (A)(ii) may
be provided before the birth of an Indian child if a party
referred to in paragraph (1) contemplates a specific adop-
tive or preadoptive placement.
‘‘(3) If, after the expiration of the applicable period
specified in paragraph (2), a party referred to in para-
graph (1) discovers that the child involved may be an In-
dian child—
‘‘(A) the party shall provide notice under para-
graph (1) not later than 10 days after the discovery;
and
‘‘(B) any applicable time limit specified in sub-
section (e) shall apply to the notice provided under
subparagraph (A) only if the party referred to in
paragraph (1) has, on or before commencement of
the placement, made a good faith investigation con-
cerning whether the child involved may be an Indian
child.’’.
SEC. 10. CONTENT OF NOTICE.
Section 103(d) of the Indian Child Welfare Act of
1978 (25 U.S.C. 1913(d)) is amended to read as follows:
‘‘(d) Each written notice provided under subsection
(c) shall be based on a good faith investigation and contain
the following:
‘‘(1) The name of the Indian child involved, and
the actual or anticipated date and place of birth of
the Indian child.
‘‘(2) A list containing the name, address, date
of birth, and (if applicable) the maiden name, of
each Indian parent and grandparent of the Indian
child and the name and address of each known ex-
tended family member (if any) that has priority in
placement under section 105, if—
‘‘(A) known after inquiry of—
‘‘(i) the birth parent placing the child
or relinquishing parental rights; and
‘‘(ii) the other birth parent (if avail-
able); or
‘‘(B) otherwise ascertainable through other
reasonable inquiry.
‘‘(3) A statement of the reasons why the child
involved may be an Indian child.
‘‘(4) The names and addresses of the parties in-
volved in any applicable proceeding in a State court.
‘‘(5)(A) The name and address of the State
court in which a proceeding referred to in paragraph
(4) is pending, or will be filed; and
‘‘(B) the date and time of any related court
proceeding that is scheduled as of the date on which
the notice is provided under this subsection.
‘‘(6) The tribal affiliation, if any, of the pro-
spective adoptive parents.
‘‘(7) The name and address of any public or
private social service agency or adoption agency in-
volved.
‘‘(8) An identification of any Indian tribe in
which the Indian child may be a member, is eligible
for membership, or satisfies the requirements of
paragraph (4)(C) of section 4.
‘‘(9) An identification of any Indian tribes in
which the Indian child’s parents or grandparents
may be a member.
‘‘(10) A statement that each Indian tribe iden-
tified under paragraph (8) may have the right to in-
tervene in the proceeding referred to in paragraph
(4).
‘‘(11) An inquiry concerning whether the Indian
tribe that receives notice under subsection (c) in-
tends to intervene under subsection (e) or waive any
such right to intervention.
‘‘(12) A statement that, if the Indian tribe that
receives notice under subsection (c) fails to respond
in accordance with subsection (e) by the applicable
date specified in that subsection, the right of that
Indian tribe to intervene in the proceeding involved
shall be considered to have been waived by that In-
dian tribe unless that Indian tribe did not receive
written notice in accordance with the requirements
of subsections (c) and (d).
‘‘(13) If applicable, a statement of the reasons
why the adoptive placement of the Indian child in-
volved was terminated or changed and the date of
such termination or change.’’.
SEC. 11. INTERVENTION BY INDIAN TRIBE.
Section 103 of the Indian Child Welfare Act of 1978
(25 U.S.C. 1913) is amended by adding at the end the
following:
‘‘(e)(1) The tribe of the Indian child involved shall
have the right to intervene at any time in a voluntary child
custody proceeding in a State court only if—
‘‘(A) in the case of a voluntary proceeding to
terminate parental rights, the Indian tribe sent a no-
tice of intent to intervene or a written objection to
the adoptive placement to the court or to the party
that is seeking the voluntary placement of the In-
dian child, not later than 45 days after receiving no-
tice that was provided in accordance with the re-
quirements of subsections (c) and (d); or
‘‘(B) in the case of a voluntary adoption pro-
ceeding, the Indian tribe sent a notice of intent to
intervene or a written objection to the adoptive
placement to the court or to the party that is seek-
ing the voluntary placement of the Indian child, not
later than the later of—
‘‘(i) 100 days after receiving notice of the
adoptive placement that was provided in accord-
ance with the requirements of subsections (c)
and (d); or
‘‘(ii) 45 days after receiving a notice of the
voluntary adoption proceeding that was pro-
vided in accordance with the requirements of
subsections (c) and (d).
‘‘(2) A State court may extend the time period in
paragraph (1) by not more than 15 days if that court de-
termines that extenuating circumstances require such an
extension to promote justice.
‘‘(3)(A) Except as provided in subparagraph (B), the
tribe of the Indian child involved shall have the right to
intervene at any time in a voluntary foster care placement
proceeding in a State court, and also in any other vol-
untary child custody proceeding in a State court in any
case in which the Indian tribe did not receive written no-
tice provided in accordance with the requirements of sub-
sections (c) and (d).
‘‘(B) An Indian tribe may not intervene in any vol-
untary child custody proceeding in a State court if the
Indian tribe gives written notice to the State court or any
party involved of—
‘‘(i) the intent of the Indian tribe not to inter-
vene in the proceeding; or
in accordance with the requirements of subsections (c) and
(d). Any notice under this subsection shall be sent by reg-
istered mail (return receipt requested) to the parent or
parents of the Indian child, not later than the applicable
date specified in paragraph (2) and shall include a copy
of any complaint or petition or court order affecting the
rights of any such parent.
‘‘(2) Each of the notices required under paragraph
(1) shall be provided 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.
‘‘(3)(A) Each written notice of a termination or
change in an adoptive placement shall contain the fol-
lowing:
‘‘(i) The name of the Indian child involved.
‘‘(ii) A description of the rights of the parent
or parents of an Indian child under paragraphs (2)
and (3) of subsection (b) of this section and sub-
section (a) of section 106.
‘‘(iii) A statement of the reasons why the adop-
tive placement of the child involved was terminated
or changed.
‘‘(iv) The date on which the adoptive placement
of the child involved was terminated or changed.
‘‘(v) The names and addresses of the parties in-
volved in any applicable proceeding or contemplated
proceeding in a State court.
‘‘(vi)(I) The name and address of the State
court in which a proceeding referred to in clause (v)
is pending or will be filed.
‘‘(II) The date and time of any related court
proceeding that is scheduled as of the date on which
the notice is provided under this subsection.
‘‘(vii) The tribal affiliation of the prospective
adoptive parents, if any.
‘‘(viii) The name and address of any public or
private social service agency or adoption agency in-
volved.
‘‘(B) Each written notice of the commencement of an
adoption proceeding concerning an Indian child shall con-
tain the following:
‘‘(i) The name of the Indian child involved.
‘‘(ii) A description of the rights of the parent
or parents of an Indian child under paragraphs (2)
and (3) of subsection (b).
‘‘(iii) The date on which the adoption pro-
ceeding was commenced.
‘‘(iv) If known, the date that is the end of the
180-day period beginning on the date on which the
tribe of the Indian child received written notice of
the adoptive placement.
‘‘(v) The names and addresses of the parties in-
volved in any applicable adoption proceedings in a
State court.
‘‘(vi)(I) The name and address of the State
court in which a proceeding referred to in clause (iii)
is pending.
‘‘(II) The date and time of any related court
proceeding that is scheduled as of the date on which
the notice is provided under this subsection.
‘‘(vii) The name and address of any public or
private social service agency or adoption agency in-
volved.
‘‘(C) Each written notice, of the date on which the
Indian child’s tribe received a written notice of the adop-
tive placement that was in accordance with the require-
ments of subsections (c) and (d), shall contain the fol-
lowing:
‘‘(i) The name of the Indian child involved.
‘‘(ii) A description of the rights of the parent
or parents of an Indian child under paragraphs (2)
and (3) of subsection (b).
‘‘(iii) The date that is the end of the 180-day
period beginning on the date on which the tribe of
the Indian child received such written notice of the
adoptive placement.
‘‘(iv) If known, the exact date that is the end
of the 30-day period beginning on the date on which
the parent revoking consent received notice of the
commencement of the adoption proceeding.
‘‘(v) The names and addresses of the parties in-
volved in any applicable adoption proceeding in a
State court.
‘‘(vi) The name and address of the State court
in which a proceeding referred to in clause (v) is
pending.
‘‘(vii) The date and time of any related court
proceeding that is scheduled as of the date on which
the notice is provided under this subsection.’’.
SEC. 13. 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 of this Act.
‘‘(b) Notwithstanding any Federal law or rule to the
contrary, a petition under subsection (a) shall be adju-
dicated 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 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;
‘‘(5) denied the placement of an Indian child in
a foster care or adoptive placement with a member
of the Indian child’s extended family who has spe-
cifically requested such placement, where the jus-
tification of good cause to not make such placement
was arbitrary or capricious; or
‘‘(6) 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) Whenever a petition under subsection (a) is filed
after a final judgment under State law, the petition shall
be adjudicated notwithstanding any Federal law or rule
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, or a judgment
of an appellate court affirming the judgment of a trial
court, or an order of the United States Supreme Court
denying a writ of certiorari to a State appellate court.’’.
SEC. 14. 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)(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 listed in any notice sent pursuant to sub-
section (c). The notice shall be provided in accordance
with subsection (c)(2)(A) and (3)(A) of this section. A no-
tice under this subsection shall be sent by registered mail
(return receipt requested).
‘‘(2) Any notice under paragraph (1) shall contain
the information required under paragraphs (1) through
(9) of subsection (d). In addition, such notice shall contain
the following:
‘‘(A) A statement that each extended family
member identified in the notice has the right to in-
tervene in any proceeding described in the notice in
order to seek the placement of the child.
‘‘(B) A statement that each extended family
member identified in the notice has the right to seek
the placement of the child without having to inter-
vene in any proceeding described in the notice.
‘‘(C) A statement as to whether a written re-
sponse to the notice must be filed and, if so, the
date that the response must be received and the
name and address to which the response must be
sent. The statement shall include an explanation of
the legal consequences, if any, of failure to file such
written response.
‘‘(D) A description of any information that
must be provided by the extended family member in
order for such member to be considered as a place-
ment for the child.
‘‘(E) A description of the procedure that an ex-
tended family member must follow in order to be
considered as a placement for the child, including
the dates by which an extended family member must
take any action required in order to be so consid-
ered.’’.
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 tribe of an adopted Indian child, the tribe of an adopt-
ed Indian who is 18 years of age or older, an adoptive
parent or guardian of an Indian child or of an adopted
Indian who is under the age of 18, or, in the case of a
medical emergency or incompetence of an adopted Indian,
an adoptive parent or guardian of an Indian 18 years of
age or older, petitions the court which entered the final
decree of adoption for the release of information regarding
the tribal affiliation, if any, of the adopted child’s biologi-
cal parents, the court shall disclose, from any records sub-
ject to its jurisdiction, such information to the petitioner
and shall provide the petitioner with any other identifying
information as may be necessary to protect any rights
flowing from an adopted Indian’s tribal relationship.’’.
SEC. 16. RESUMPTION OF JURISDICTION OVER CHILD CUS-
TODY PROCEEDINGS.
Section 108 of the Indian Child Welfare Act of 1978
(25 U.S.C. 1918) is amended to read as follows:
‘‘SEC. 108. RESUMPTION OF JURISDICTION OVER CHILD
CUSTODY PROCEEDINGS.
‘‘(a) CHILDREN RESIDING OR DOMICILED WITHIN A
RESERVATION.—Where, pursuant to the provisions of the
Act of August 15, 1953 (67 Stat. 588), or pursuant to
any other Federal law, a State became vested with juris-
diction over child custody proceedings involving Indian
children who reside or are domiciled within the reservation
of an Indian tribe, including the disestablished portion, if
any, of such reservation, such tribe may assume jurisdic-
tion exclusive as to any State over such child custody pro-
ceedings.
‘‘(b)(1) WHEN AN INDIAN TRIBE DOES NOT HAVE
A RESERVATION.—Any Indian tribe that does not have a
reservation and as a result does not exercise exclusive ju-
risdiction under section 101(a) over child custody pro-
ceedings involving Indian children may assume jurisdic-
tion exclusive as to any State over child custody pro-
ceedings involving Indian children who reside or are domi-
ciled within any of the following geographic areas:
‘‘(A) In the case of a tribe presently located in
Oklahoma, the lands that are within the jurisdic-
tional area of any such tribe and are within the
boundaries of such tribe’s last reservation estab-
lished by final treaty, Federal agreement, Executive
or secretarial order, Executive or secretarial procla-
mation, United States patent, Federal statute, or
final judicial or administrative determination.
‘‘(B) Lands located in a State other than Okla-
homa, including Alaska, that are within the Indian
tribe’s last recognized reservation within the State
or States within which such Indian tribe is presently
located.
‘‘(C) In the case of a tribe located in Alaska—
‘‘(i) lands selected by a village corporation
pursuant to sections 12(a) and (b) and 16(b)
and (d) of the Alaska Native Claims Settlement
Act (85 Stat. 688, 701, 706; 42 U.S.C. 1611(a)
and (b) and 1615(b) and (d));
‘‘(ii) any other lands located within or con-
tiguous to the areas described in clause (i) of
this subparagraph, including the lands de-
scribed in section 22(l) of the Alaska Native
Claims Settlement Act (85 Stat. 688, 715; 42
U.S.C. 1921(l)); or
‘‘(iii) lands withdrawn pursuant to section
14(h) of the Alaska Native Claims Settlement
Act (85 Stat. 688, 704, 705; 42 U.S.C.
1613(h)), that are located within a 25-mile ra-
dius of the seat of government of any such
tribe.
‘‘(D) Lands held in trust or restricted status by
the United States for an Indian tribe or individual
member of such tribe that are located within a 100-
mile radius of the seat of government of any such
tribe.
‘‘(E) Lands owned in fee simple by an Indian
tribe.
‘‘(2) Subject to section 101(a)(5) and (6), whenever
existing Federal law vests exclusive jurisdiction in the
State over any of the areas described in paragraph (1),
a tribe may assume jurisdiction, under said paragraph,
that is exclusive as to any State or concurrent with the
jurisdiction exercised by any State. Such a tribe may limit
its assumption of jurisdiction to types of child custody pro-
ceedings, transfer jurisdiction under section 101(b), or
otherwise accept less than exclusive jurisdiction over child
custody proceedings.
‘‘(c) RESOLUTION
OF GOVERNING BODY.—Before
any Indian tribe may assume jurisdiction over Indian child
custody proceedings, such tribe shall present to the Sec-
retary a resolution of its governing body authorizing the
assumption of such jurisdiction. The governing body of an
Indian tribe referred to in subsection (b) shall include in
its jurisdiction assumption resolution a clear and definite
description of the territory over which jurisdiction is to
be assumed and, in accordance with subsection (b)(2), the
nature of the jurisdiction assumed.
‘‘(d) PUBLICATION OF NOTICE.—Not later than 60
days after receipt of a jurisdiction assumption resolution
from the governing body of an Indian tribe, the Secretary
shall publish in the Federal Register a notice that includes
the resolution and informs the public of the tribe’s action.
The Secretary shall also notify the affected State or States
of such resolution. The Indian tribe concerned shall as-
sume jurisdiction 30 days after publication in the Federal
Register of the notice of the tribe’s resolution unless such
resolution specifies a later date.
‘‘(e) RETROCESSION OF JURISDICTION.—Any Indian
tribe that, pursuant to this section, has assumed jurisdic-
tion exclusive as to any State over child custody pro-
ceedings may retrocede such jurisdiction as it assumed to
any such State by presenting to the Secretary a resolution
of its governing body authorizing the retrocession of such
jurisdiction. Not later than 60 days after receipt of a juris-
diction retrocession resolution from the governing body of
an Indian tribe, the Secretary shall publish in the Federal
Register a notice that includes the resolution and informs
the public of the tribe’s action. The Secretary shall also
notify the affected State or States of such resolution. The
retrocession of jurisdiction shall take effect 30 days after
publication in the Federal Register of the notice of the
tribe’s resolution unless such resolution specifies a later
date. Nothing in this subsection shall affect the right of
any Indian tribe to assume jurisdiction, pursuant to this
section, subsequent to a retrocession of such jurisdiction.
‘‘(f) EFFECT ON CERTAIN ACTIONS.—Assumption or
retrocession of jurisdiction under this section shall not af-
fect any action or proceeding over which a court has al-
ready assumed jurisdiction, except as may be provided in
an order of such court or pursuant to any agreement
under section 109.’’.
SEC. 17. AGREEMENTS.
(a) JURISDICTIONAL ISSUES.—Section 109 of the In-
dian Child Welfare Act of 1978 (25 U.S.C. 1919) is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following:
‘‘(2) When an agreement entered into under para-
graph (1) involves an Indian tribe that has entered into
a land claims settlement with the United States or a State,
or an Indian tribe that has been restored to Federal super-
vision, or an Indian tribe that has been recognized in or
pursuant to an act of Congress, the jurisdiction provisions
of such agreement, if any, may recognize the concurrent
or exclusive jurisdiction of any such tribe, within any serv-
ice area established for such tribe and its members in any
Federal law, regulation or agreement or within any area
within which the Secretary is authorized to take land in
trust for any such tribe, over child custody proceedings
involving Indian children who reside or are domiciled with-
in any such area. Nothing in this paragraph shall affect
the right of any such tribe to exercise exclusive jurisdiction
under section 101(a) or to assume exclusive or other juris-
diction within the areas described in section 108(a) and
(b).’’.
(b) TRIBAL-STATE AGREEMENTS.—Section 109 of
the Indian Child Welfare Act of 1978 (25 U.S.C. 1919)
is amended by adding at the end the following:
‘‘(c) An agreement respecting the care and custody
of Indian children, entered into under subsection (a), shall
govern such care and custody, any law to the contrary not-
withstanding. For purposes of carrying out any agreement
entered into pursuant to this section, the terms ‘Indian
child’ and ‘Indian tribe,’ as defined in any such agree-
ment, shall govern. Nothing in this subsection shall be
construed to authorize Federal Funds appropriated for In-
dian tribes, or for the members of Indian tribes, to be ex-
pended for any other person or entity.’’
SEC. 18. FRAUDULENT REPRESENTATION; VISITATION.
Title I of the Indian Child Welfare Act of 1978 (25
U.S.C. 1911 et seq.) is amended by adding at the end
the following new sections:
‘‘SEC. 114. FRAUDULENT REPRESENTATION.
‘‘(a) IN GENERAL.—With respect to any proceeding
subject to this Act involving an Indian child or a child
who may be considered to be an Indian child for purposes
of this Act, a person, other than a birth parent of the
child, shall, upon conviction, be subject to a criminal sanc-
tion under subsection (b) if that person knowingly and
willfully—
‘‘(1) falsifies, conceals, or covers up by any
trick, scheme, or device, a material fact concerning
whether, for purposes of this Act—
‘‘(A) a child is an Indian child; or
‘‘(B) a parent is an Indian;
‘‘(2)(A) makes any false, fictitious, or fraudu-
lent statement, omission, or representation; or
‘‘(B) falsifies a written document knowing that
the document contains a false, fictitious, or fraudu-
lent statement or entry relating to a material fact
described in paragraph (1); or
‘‘(3) assists any person in physically removing
a child from the United States in order to obstruct
the application of this Act.
‘‘(b) CRIMINAL SANCTIONS.—The criminal sanctions
for a violation referred to in subsection (a) are as follows:
‘‘(1) For an initial violation, a person shall be
fined in accordance with section 3571 of title 18,
United States Code, or imprisoned not more than 1
year, or both.
‘‘(2) For any subsequent violation, a person
shall be fined in accordance with section 3571 of
title 18, United States Code, or imprisoned not more
than 5 years, or both.
‘‘SEC. 115. VISITATION.
‘‘Notwithstanding any other provision of law (includ-
ing any State law)—
‘‘(1) a court may approve, if in the best inter-
ests of an Indian child, as part of an adoption de-
cree of that Indian child, an agreement that states
that a birth parent, an extended family member, or
the tribe of the Indian child shall have an enforce-
able right of visitation or continued contact with the
Indian child after the entry of a final decree of
adoption; and
‘‘(2) the failure to comply with any provision of
a court order concerning the continued visitation or
contact referred to in paragraph (1) shall not be
considered to be grounds for setting aside a final de-
cree of adoption.
‘‘SEC. 116. COMPLIANCE REVIEWS.
‘‘(a) IN GENERAL.—The Secretary of Health and
Human Services, in consultation with the Secretary of the
Interior and affected Indian tribes, shall promulgate regu-
lations for the review and determination of whether States
and State agencies, including agencies licensed by the
State, are acting in substantial conformity with the re-
quirements of this Act in matters involving Indian children
subject to this Act.
‘‘(b) ELEMENTS OF REVIEW SYSTEM.—The regula-
tions referred to in subsection (a) of this section shall—
‘‘(1) limit conformity reviews to States in which
either a federally recognized Indian tribe is located
or there is an Indian population of more than
10,000;
‘‘(2) require consultation with the Secretary of
the Interior and affected Indian tribes in carrying
out any conformity review;
‘‘(3) specify the timetable for conformity re-
views, including—
‘‘(A) an initial review of each covered State
within 3 years following the promulgation of the
regulations referred to in subsection (a);
‘‘(B) a timely review of a covered State’s
conformity following a review in which such
program was found not to be in substantial con-
formity; and
‘‘(C) less frequent reviews of States which
have been found to be in substantial conformity,
but such regulations shall require reviews at
least every 3 years and shall permit the Sec-
retary to reinstate more frequent reviews based
on information which indicates that a State
may not be in conformity;
‘‘(4) specify the requirements subject to review,
and the criteria to be used to measure conformity
with such requirements and to determine whether
there is a substantial failure to so conform;
‘‘(5) require the Secretary, not later than 10
days after a final determination that a State or any
of its agencies, including agencies licensed by the
State, is not in conformity, to notify the State of the
basis for the determination; and