Indian Child Welfare Act
PL 95-608 (S.1214), enacted 11/08/1978

PUBLIC LAW 95-608—NOV. 8, 1978 
92 STAT. 3069 
Public Law 95-608 
95th Congress 
An Act 
To establish standards for the placement of Indian children in foster or adoptive 
homes, to prevent the breakup of Indian families, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Indian Child Welfare Act of 1978". 
SEC. 2. Recognizing the special relationship between the United 
States and the Indian tribes and their members and the Federal 
responsibility to Indian people, the Congress finds— 
(1) that clause 3, section 8, article I of the United States Con-
stitution provides that "The Congress shall have Power * * * To 
regulate Commerce * * * with Indian tribes" and, through this 
and other constitutional authority. Congress has plenary power 
over Indian affairs; 
(2) that Congress, through statutes, treaties, and the general 
course of dealing with Indian tribes, has assumed the responsi-
bility for the protection and preservation of Indian tribes and 
their resources; ' 
(3) that there is no resource that is more vital to the continued 
existence and integrity of Indian tribes than their children and 
that the United States has a direct interest, as trustee, in protect-
ing Indian children who are members of or are eligible for mem-
bership in an Indian tribe; 
(4) 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; and 
(5) that the States, exercising their recognized jurisdiction over 
Indian child custody proceedings through 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. 
SEC. 3. The Congress hereby declares that it is the policy of this 
Nation to protect the best interests of Indian children and to promote 
the stability and security of Indian tribes and families by the estab-
lishment of minimum Federal standards for the removal of Indian 
children from their families and the placement of such children in 
foster or adoptive homes which will reflect the unique values of Indian 
culture, and by providing for assistance to Indian tribes in the opera-
tion of child and family service programs. 
SEC. 4. For the purposes of this Act, except as may be specifically 
provided otherwise, the term— 
(1) "child custody proceeding" shall mean and include— 
(i) "foster care placement" which shall mean any action 
removing an Indian child from its 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, but where parental rights have not been terminated; 
Nov. 8, 1978 
[S. 1214] 
Indian Child 
Welfare Act of 
1978. 
25 u s e 1901 
note. 
25 u s e 1901. 
Congress 
responsibihty for 
protection of 
Indians. 
25 u s e 1902. 
Definitions. 
25 u s e 1903. 
92 STAT. 3070 
PUBLIC LAW 95-608—NOV 8, 1978 
(ii) "termination of parental rights" which shall mean any 
action resulting in the termination of the parent-child 
relationship ; 
(iii) "preadoptive placement" which shall mean the tem-
porary 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; and 
(iv) "adoptive placement" which shall mean the permanent 
placement of an Indian child for adoption, including any action 
resulting in a final decree of adoption. 
Such term or terms shall not include a placement based upon an 
act which, if committed by an adult, would be deemed a crime or 
upon an award, in a divorce proceeding, of custody to one of the 
parents. 
(2) "extended family member" shall be as defined by the law or 
custom of the Indian child's tribe or, in the absence of such law 
or custom, shall be a person who has reached the age of eight-
een 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; 
(3) "Indian" means any person who is a member of an Indian 
tribe, or who is an Alaska Native and a member of a Regional 
43 use 1606. 
Corporation as defined in section 7 of the Alaska Native Claims 
Settlement Act (85 Stat. 688,689); 
(4) "Indian child" means any unmarried person who is under 
age eighteen and is either (a) a member of an Indian tribe or (b) 
is eligible for membership in an Indian tribe and is the biological 
child of a member of an Indian tribe; 
(5) "Indian child's tribe" means (a) the Indian tribe in which 
an Indian child is a member or eligible for membership or (b). 
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 the more significant contacts; 
(6) "Indian custodian" means any Irrtiian person who has legal 
custody of an Indian child under tribal law or custom or under 
State law or to whom temporary physical care, custody, and con-
trol has been transferred by the parent of such child; 
(7) "Indian organization" means any group, association, 
partnership, corporation, or other legal entity owned or controlled 
by Indians, or a majority of whose members are Indians; 
(8) "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 
43 use 1602. 
village as defined in section 3(c) of the Alaska Native Claims 
Settlement Act (85 Stat. 688, 689), as amended; 
(9) "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 the unwed father where paternity has not been 
acknowledged or established; 
(10) "reservation" means Indian country as defined in section 
1151 of title 18, United States Code and any lands, not covered 
under such section, title to which is either 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; 
PUBLIC LAW 95-608—NOV. 8, 1978 
92 STAT. 3071 
(11) "Secretary" means the Secretary of the Interior; and 
(12) "tribal court" means a court with jurisdiction over child 
custody proceedings and which is either 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 which is vested with authority over child custody 
proceedings. 
TITLE I—CHILD CUSTODY PROCEEDINGS 
SEC. 101. (a) An Indian tribe shall have jurisdiction exclusive as to 
any State over any child custody proceeding involving an Indian child 
who resides or is domiciled within the reservation of such tribe, except 
where such jurisdiction is otherwise vested in the State by existing 
Federal law. Where an Indian child is a ward of a tribal court, the 
Indian tribe shall retain exclusive jurisdiction, notwithstanding the 
residence or domicile of the child. 
(b) In any State court proceeding for the foster care placement of, 
or termination of parental rights to, an Indian child not domiciled or 
residing within the reservation of the Indian child's tribe, the court, in 
the absence of good cause to the contrary, shall transfer such proceed-
ing to the jurisdiction of the tribe, absent objection by either parent, 
upon the petition of either parent or the Indian custodian or the 
Indian child's tribe: Promded, That such transfer shall be subject to 
declination by the tribal court of such tribe. 
(c) In any State court proceeding for the foster care placement of, 
or termination of parental rights to, an Indian child, the Indian 
custodian of the child and the Indian child's tribe shall have a right to 
intervene at any point in the proceeding. 
(d) The United States, every State, every territory or possession of 
the United States, and every Indian tribe shall give full faith and 
credit to the public acts, records, and judicial proceedings of any 
Indian tribe applicable to Indian child custody proceedings to the 
same extent that such entities give full faith and credit to the public 
acts, records, and judicial proceedings of any other entity. 
SEC. 102. (a) In any involuntary proceeding in a State court, where 
the court knows or has reason to know that an Indian child is involved, 
the party seeking the foster care placement of, or termination of 
parental rights to, an Indian child shall notify the parent or Indian 
custodian and the Indian child's tribe, by registered mail with return 
receipt requested, of the pending proceedings and of their right of 
intervention. If the identity or location of the parent or Indian 
custodian and the tribe cannot be determined, such notice shall be given 
to the Secretary in like manner, who shall have fifteen days after 
receipt to provide the requisite notice to the parent or Indian custodian 
and the tribe. No foster care placement or termination of parental 
rights proceeding shall be held until at least ten days after receipt of 
notice by the parent or Indian custodian and the tribe or the Secretary: 
Provided^ That the parent or Indian custodian or the tribe shall, upon 
request, be granted up to twenty additional days to prepare for such 
proceeding. 
(b) In any case in which the court determines indigency, the parent 
or Indian custodian shall have the right to court-appointed counsel in 
any removal, placement, or termination proceeding. The court may, in 
its discretion, appoint counsel for the child upon a finding that such 
appointment is in the best interest of the child. Where State law makes 
no provision for appointment of counsel in such proceedings, the court 
Indian tribes, 
exclusive 
jurisdiction over 
Indian child 
custody 
proceedings. 
25 use 1911. 
Foster care 
placement, court 
proceedings. 
25 use 1912. 
92 STAT. 3072 
PUBLIC LAW 95-608—NOV. 8, 1978 
Parental rights, 
voluntary 
termination. 
25 use 1913. 
25 use 1914. 
shall promptly notify the Secretary upon appointment of eounsel, and 
the Secretary, upon certification of the presiding judge, shall pay 
reasonable fees and expenses out of funds which may be appropriated 
pursuant to the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13). 
(c) Each party to a foster care placement or termination of parental 
rights proceeding under State law involving an Indian child shall have 
the right to examine all reports or other documents filed with the court 
upon which any decision with respect to such action may be based. 
(d) Any party seeking to effect a foster care placement of, or termi-
nation of parental rights to, an Indian child under State law shall 
satisfy the court that active efforts have been made to provide remedial 
services and rehabilitative programs designed to prevent the breakup 
of the Indian family and that these efforts have proved unsuccessful. 
(e) No fester care placement may be ordered in such proceeding in 
the absence of a determination, supported by clear and convincing 
evidence, including testimony of qualified expert witnesses, that the 
continued custody of the child by the parent or Indian custodian is 
likely to result in serious emotional or physical damage to the child. 
(f) No termination of parental rights may be ordered in such 
proceeding in the absence of a determination, supported by evidence 
beyond a reasonable doubt, including testimony of qualified expert 
witnesses, that the continued custody of the child by the parent or 
Indian custodian is likely to result in serious emotional or physical 
damage to the child. 
SEC. 103. (a) Where any parent or Indian custodian voluntarily 
consents to a foster care placement or to termination of parental rights, 
such consent shall not be valid unless executed in writing and recorded 
before a judge of a court of competent jurisdiction and accompanied by 
the presiding judge's certificate that the terms and consequences of the 
consent were fully explained in detail and Avere fully understood by 
the parent or Indian custodian. The court shall also certify that either 
the parent or Indian custodian fully understood the explanation in 
English or that it was interpreted into a language that the parent or 
Indian custodian understood. Any consent given prior to, or within 
ten days after, birth of the Indian child shall not be valid. 
(b) Any parent or Indian custodian may withdraw consent to a 
foster care placement under State law at any time and, upon such 
withdrawal, the child shall be returned to the parent or Indian 
custodian. 
(c) In any voluntary proceeding for termination of parental rights 
to, or adoptive placement of, an Indian child, the consent of the parent 
may be withdrawn for any reason at any time prior to the entry of a 
final decree of termination or adoption, as the case may be, and the 
child shall be returned to the parent. 
(d) After the entry of a final decree of adoption of an Indian child 
in any State court, the parent may withdraw consent thereto upon the 
grounds that consent was obtained through fraud or duress and may 
petition the court to vacate such decree. Upon a finding that such 
consent was obtained through fraud or duress, the court shall vacate 
such decree and return the child to the parent. No adoption which 
has been effective for at least two years may be invalidated under the 
provisions of this subsection unless otherwise permitted under State 
laAV. 
S E C 104. Any Indian child who is the subject of any action for foster 
care placement or termination of parental rights under State law, any 
parent or Indian custodian from whose custody such child was 
removed, and the Indian child's tribe may petition any court of com-
PUBLIC LAW 95-608—NOV. 8, 1978 
92 STAT. 3073 
petent jurisdiction to invalidate such action upon a showing that such 
action violated any provision of sections 101,102, and 103 of this Act. 
SEC. 105. (a) In any adoptive placement of an Indian child under 
State law, a preference shall be given, in the absence of good cause 
to the contrary, to a placement with (1) a member of the child's 
extended family; (2) other members of the Indian child's tribe; or 
(3) other Indian families. 
(b) Any child accepted for foster care or preadoptive placement 
shall be placed in the least restrictive setting which most approximates 
a family and in which his special needs, if any, may be met. The child 
shall also be placed within reasonable proximity to his or her home, 
taking into account any special needs of the child. In any foster care 
or preadoptive placement, a preference shall be given, in the absence 
of good cause to the contrary, to a placement with— 
(i) a member of the Indian child's extended family; 
(ii) a foster home licensed, approved, or specified by the Indian 
child's tribe; 
(iii) an Indian foster home licensed or approved by an author-
ized non-Indian licensing authority; or 
(iv) an institution for children approved by an Indian tribe 
or operated by an Indian organization which has a program suit-
able to meet the Indian child's needs. 
(c) In the case of a placement under subsection (a) or (b) of this 
section, if the Indian child's tribe shall establish a different order of 
preference by resolution, the agency or court effecting the placement 
shall follow such order so long as the placement is the least restrictive 
setting appropriate to the particular needs of the child, as provided in 
subsection (b) of this section. Where appropriate, the preference of 
the Indian child or parent shall be considered: Provided, That where 
a consenting parent evidences a desire for anonymity, the court or 
agency shall give weight to such desire in applying the preferences. 
(d) The standards to be applied in meeting the preference require-
ments of this section shall be the prevailing social and cultural stand-
ards of the Indian community in which the parent or extended family 
resides or with which the parent or extended family members maintain 
social and cultural ties. 
(e) A record of each such placement, under State law, of an Indian 
child shall be maintained by the State in which the placement was 
made, evidencing the efforts to comply with the order of preference 
specified in this section. Such record shall be made available at any 
time upon the request of the Secretary or the Indian child's tribe. 
SEC. 106. fa) Notwithstanding State law to the contrary, when-
ever a final decree of adoption of an Indian child has been vacated or 
set aside or the adoptive parents voluntarily consent to the termination 
of their parental rights to the child, a biological parent or prior Indian 
custodian may petition for return of custody and the court shall grant 
such petition unless there is a showing, in a proceeding subject to the 
provisions of section 102 of this Act, that such return of custody is 
not in the best interests of the child. 
(b) Whenever an Indian child is removed from a foster care home 
or institution for the purpose of further foster care, preadoptive, or 
adoptive placement, such placement shall be in accordance with the 
provisions of this Act, except in the case where an Indian child is 
being returned to the parent or Indian custodian from whose custody 
the child was originally removed. 
SEC. 107. Upon application by an Indian individual who has reached 
the age of eighteen and who was the subject of an adoptive placement, 
Adoptive 
placement of 
Indian children. 
25 use 1915. 
Petition, return of 
custody. 
25 use 1916. 
Removal from 
foster care home. 
25 u s e 1917. 
92 STAT. 3074 
PUBLIC LAW 95-608—NOV. 8, 1978 
Reassumption, 
jurisdiction over 
child custody 
proceedings. 
25 u s e 1918. 
18 u s e prec. 
1151 note. 
25 u s e 1321. 
28 u s e 1360 
note. 
States and Indian 
tribes, 
agreements. 
25 u s e 1919. 
the court which entered the final decree shall inform such individual 
of the trihal affiliation, if any, of the individual's biological parents 
and provide such other information as may be necessary to protect 
any rights flowing from the individual's tribal relationship. 
SEC. 108. (a) Any Indian tribe which became subject to State juris-
diction pursuant to the provisions of the Act of August 15, 1953 (67 
Stat. 588), as amended by title IV of the Act of April 11, 1968 (82 
Stat. 73, 78), or pursuant to any other Federal law, may reassume 
jurisdiction over child custody proceedings. Before any Indian tribe 
may reassume jurisdiction over Indian child custody proceedings, such 
tribe shall present to the Secretary for approval a petition to reassume 
such jurisdiction which includes a suitable plan to exercise such 
jurisdiction. 
(b) (1) In considering the petition and feasibility of the plan of a 
tribe under subsection (a), the Secretary may consider, among other 
things: 
(i) whether or not the tribe maintains a membership roll or 
alternative provision for clearly identifying the persons who 
will be affected by the reassumption of jurisdiction by the tribe; 
(ii) the size of the reservation or former reservation area which 
will be affected by retrocession and reassumption of jurisdiction 
by the tribe; 
(iii) the population base of the tribe, or distribution of the 
population in homogeneous communities or geographic areas; 
and 
(iv) the feasibility of the plan in cases of multitribal occupa-
tion of a single reservation or geographic area. 
(2) In those cases where the Secretary determines that the jurisdic-
tional provisions of section 101(a) of this Act are not feasible, he is 
authorized to accept partial retrocession which will enable tribes 
to exercise referral jurisdiction as provided in section 101(b) of this 
Act, or, where appropriate, will allow them to exercise exclusive juris-
diction as provided in section 101(a) over limited community or geo-
graphic areas without regard for the reservation status of the area 
affected. 
(c) If the Secretary approves any petition under subsection (a), 
the Secretary shall publish notice of such approval in the Federal 
Register and shall notify the affected State or States of such approval. 
The Indian tribe concerned shall reassume jurisdiction sixty days after 
publication in the Federal Register of notice of approval. If the Secre-
tary disapproves any petition under subsection (a), the Secretary shall 
])rovide such technical assistance as mav be necessary to enable the 
tribe to correct any deficiency which the Secretary identified as a cause 
for disapproval. 
(d) Assumption of jurisdiction under this section shall not affect 
any action or proceeding over which a court has already assumed juris-
diction, except as may be provided pursuant to any agreement under 
section 109 oi this Act. 
SEC. 109. (a) States and Indian tribes are authorized to enter into 
agreements with each other respecting care and custody of Indian 
children and jurisdiction over child custody proceedings, including 
agreements which may provide for orderly transfer of jurisdiction on 
a case-by-case basis and agreements which provide for concurrent 
jurisdiction between States and Indian tribes. 
(b) Such agreements may be revoked by either party upon one 
hundred and eighty days' written notice to the other party. Such 
PUBLIC LAW 95-608—NOV. 8, 1978 
92 STAT. 3075 
revocation shall not affect any action or proceeding over which a court 
has already assumed jurisdiction, unless the agreement provides 
otherwise. 
SEC. 110. Where any petitioner in an Indian child custody proceed-
ing before a State court has improperly removed the child from 
custody of the parent or Indian custodian or has improperly retained 
custody after a visit or other temporary relinquishment of custody, 
the court shall decline jurisdiction over such petition and shall forth-
with return the child to his parent or Indian custodian unless return-
ing the child to his parent or custodian would subject the child to a 
substantial and immediate danger or threat of such danger. 
SEC. 111. In any case where State or Federal law applicable to a 
child custody proceeding under State or Federal law provides a 
higher standard of protection to the rights of the parent or Indian 
custodian of an Indian child than the rights provided under this 
title, the State or Federal court shall apply the State or Federal 
standard. 
SEC. 112. Nothing in this title shall be construed to prevent the emer-
gency removal of an Indian child who is a resident of or is domiciled 
on a reservation, but temporarily located off the reservation, from his 
parent or Indian custodian or the emergency placement of such child 
in a foster home or institution, under applicable State law, in order 
to prevent imminent physical damage or harm to the child. The State 
authority, official, or agency involved shall insure that the emergency 
removal or placement terminates immediately when such removal 
or placement is no longer necessary to prevent imminent physical 
damage or harm to the child and shall expeditiously initiate a child 
custody proceeding subject to the provisions of this title, transfer 
the child to the jurisdiction of the appropriate Indian tribe, or restore 
the child to the parent or Indian custodian, as may be appropriate. 
SEC. 113. None of the provisions of this title, except sections 101 (a), 
108, and 109, shall affect a proceeding under State law for foster care 
placement, termination of parental rights, preadoptive placement, or 
adoptive placement which was initiated or completed prior to one 
hundred and eighty days after the enactment of this Act, but shall 
apply to any subsequent proceeding in the same matter or subsequent 
proceedings affecting the custody or placement of the same child. 
Improper 
removal of child 
from custody. 
25 u s e 1920. 
25 u s e 1921. 
Emergency 
removal of child. 
25 u s e 1922. 
Effective date. 
25 u s e 1923. 
TITLE II—INDIAN CHILD AND FAMILY PROGRAMS 
SEC. 201. (a) The Secretary is authorized to make grants to Indian 25 USe 1931. 
tribes and organizations in the establishment and operation of Indian 
child and family service programs on or near reservations and in the 
preparation and implementation of child welfare codes. The objective 
of every Indian child and family service program shall be to prevent 
the breakup of Indian families and, in particular, to insure that the 
permanent removal of an Indian child from the custody of his parent 
or Indian custodian shall be a last resort. Such child and family 
service programs may include, but are not limited to— 
(1) a system for licensing or otherwise regulating Indian foster 
and adoptive homes; 
J 
(2) the operation and maintenance of facilities for the counsel-
ing and treatment of Indian families and for the temporary cus-
tody of Indian children; 
92 STAT. 3076 
PUBLIC LAW 95-608—NOV. 8, 1978 
(3) family assistance, including homemaker and home coun-
selors, day care, afterschool care, and employment, recreational 
activities, and respite care; 
(4) home improvement programs; 
(5) the employment of professional and other trained person-
nel to assist the tribal court in the disposition of domestic relations 
and child welfare matters; 
(6) education and training of Indians, including tribal court 
judges and staff, in skills relating to child and family assistance 
and service programs; 
(7) a subsidy program under which Indian adoptive children 
may be provided support comparable to that for which they would 
be eligible as foster children, taking into account the appropriate 
State standards of support for mamtenance and medical needs; 
and 
(8) guidance, legal representation, and advice to Indian fami-
lies involved in tribal, State, or Federal child custody proceedings. 
(b) Funds appropriated for use by the Secretary in accordance with 
this section may be utilized as non-Federal matching share in connec-
42 use 620, 
tion with funds provided under titles IV-B and XX of the Social 
1397. 
Security Act or under any other Federal financial assistance programs 
which contribute to the purpose for which such funds are authorized 
to be appropriated for use under this Act. The provision or possibility 
of assistance under this Act shall not be a basis for the denial or reduc-
tion of any assistance otherwise authorized under titles IV-B and XX 
of the Social Security Act or any other federally assisted program. 
For purposes of qualifying for assistance under a federally assisted 
program, licensing or approval of foster or adoptive homes or institu-
tions by an Indian tribe shall be deemed equivalent to licensing or 
approval by a State. 
SEC. 202. The Secretary is also authorized to make grants to Indian 
organizations to establish and operate off-reservation Indian child and 
family service programs which may include, but are not limited to— 
(1) a system for regulating, maintaining, and supporting 
Indian foster and adoptive homes, including a subsidy program 
under which Indian adoptive children may be provided support 
comparable to that for which they would be eligible as Indian 
foster children, taking into account the appropriate State stand-
ards of support for maintenance and medical needs; 
(2) the operation and maintenance of facilities and services for 
counseling and treatment of Indian families and Indian foster 
and adoptive children; 
(3) family assistance, including homemaker and home coun-
selors, day care, afterschool care, and employment, recreational 
activities, and respite care; and 
(4) guidance, legal representation, and advice to Indian fami-
lies involved in child custody proceedings. 
Funds. 
SEC. 203. (a) In the establishment, operation, and funding of Indian 
25 use 1933. 
child and family service programs, both on and off reservation, the 
Secretary may enter into agreements with the Secretary of Health, 
Education, and Welfare, and the latter Secretary is hereby authorized 
for such purposes to use funds appropriated for similar programs of 
the Department of Health, Education, and Welfare: Provided^ That 
authority to make payments pursuant to such agreements shall be effec-
tive only to the extent and in such amounts as may be provided in 
advance by appropriation Acts. 
Additional 
services. 
25 use 1932. 
PUBLIC LAW 95-608—NOV. 8, 1978 
92 STAT. 3077 
(b) Funds for the purposes of this Act may be appropriated pur-
suant to the provisions of the Act of November 2,1921 (42 Stat. 208), 
as amended. 
SEC. 204. For the purposes of sections 202 and 203 of this title, the 
term "Indian" shall include persons defined in section 4(c) of the 
Indian Health Care Improvement Act of 1976 (90 Stat. 1400, 1401). 
TITLE III—EECOEDKEEPING, INFORMATION 
AVAILABILITY, AND TIMETABLES 
SEC. 301. (a) Any State court entering a final decree or order in anj 
Indian child adoptive placement after the date of enactment of this 
Act shall provide the Secretary with a copy of such decree or order 
together with such other information as may be necessary to show— 
1) the name and tribal affiliation of the child; 
^2) the names and addresses of the biological parents; 
'3) the names and addresses of the adoptive parents; and 
(4) the identity of any agency having files or information relat-
ing to such adoptive placement. 
Where the court records contain an affidavit of the biological parent 
or parents that their identity remain confidential, the court shall 
include such affidavit with the other information. The Secretary shall 
insure that the confidentiality of such information is maintained and 
such information shall not be subject to the Freedom of Information 
Act (5 U.S.C. 552), as amended. 
(b) Upon the request of the adopted Indian child over the age of 
eighteen, the adoptive or foster parents of an Indian child, or an 
Indian tribe, the Secretary shall disclose such information as may 
be necessary for the enrollment of an Indian child in the tribe in which 
the child may be eligible for enrollment or for determining any rights 
or benefits associated with that membership. Where the documents 
relating to such child contain an affidavit from the biological parent 
or parents requesting anonymity, the Secretary shall certify to the 
Indian child's tribe, where the information warrants, that the child's 
parentage and other circumstances of birth entitle the child to enroll-
ment under the criteria established by such tribe. 
SEC. 302. Within one hundred and eighty days after the enactment of 
this Act, the Secretary shall promulgate such rules and regulations 
as may be necessary to carry out the provisions of this Act. 
25 use 13. 
25 use 1934. 
25 use 1603. 
Final decree, 
information to be 
included. 
25 use 1951. 
Effective date. 
Rules and 
regulations. 
25 use 1952. 
92 STAT. 3078 
PUBLIC LAW 95-608—NOV. 8, 1978 
Day schools. 
25 u s e 1961. 
Report to 
congressional 
committees. 
Copies to each 
State. 
25 use 1962. 
25 use 1963. 
TITLE IV—MISCELLANEOUS 
SEC. 401. (a) It is the sense of Congress that the absence of locally 
convenient day schools may contribute to the breakup of Indian 
families. 
(b) The Secretary is authorized and directed to prepare, in consulta-
tion with appropriate agencies in the Department of Health, Educa-
tion, and Welfare, a report on the feasibility of providing Indian 
children with schools located near their homes, and to submit such 
report to the Select Committee on Indian Affairs of the United States 
Senate and the Committee on Interior and Insular Affairs of the 
United States House of Representatives within two years from the 
date of this Act. In developing this report the Secretary shall give 
particular consideration to the provision of educational facilities for 
children in the elementary grades. 
SEC. 402. Within sixty days after enactment of this Act, the Sec-
retary shall send to the Governor, chief justice of the highest court of 
appeal, and the attorney general of each State a copy of this Act, 
together with committee reports and an explanation of the provisions 
of this Act. 
SEC. 403. If any provision of this Act or the applicability thereof 
is held invalid, the remaining provisions of this Act shall not be affected 
thereby. 
Approved November 8, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1386 accompanying H.R. 12533 (eomm. on Interior and 
Insular Affairs). 
SENATE REPORT No. 95-597 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 123 (1978): Nov. 4, considered and passed Senate. 
Vol. 124 (1978): Oct. 14, H.R. 12533 considered and passed House; passage 
vacated, and S. 1214, amended, passed in lieu. 
Oct. 15, Senate concurred in House amendments.