code

U.S. CodeOffice of the Law Revision Counsel, U.S. House of Representatives
Home Search Download Classification Codification About

-CITE-

25 USC Sec. 1918 01/03/05

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 21 - INDIAN CHILD WELFARE

SUBCHAPTER I - CHILD CUSTODY PROCEEDINGS

-HEAD-

Sec. 1918. Reassumption of jurisdiction over child custody

proceedings

-STATUTE-

(a) Petition; suitable plan; approval by Secretary

Any Indian tribe which became subject to State jurisdiction

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) Criteria applicable to consideration by Secretary; partial

retrocession

(1) In considering the petition and feasibility of the plan of a

tribe under subsection (a) of this section, 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

occupation of a single reservation or geographic area.

(2) In those cases where the Secretary determines that the

jurisdictional provisions of section 1911(a) of this title are not

feasible, he is authorized to accept partial retrocession which

will enable tribes to exercise referral jurisdiction as provided in

section 1911(b) of this title, or, where appropriate, will allow

them to exercise exclusive jurisdiction as provided in section

1911(a) of this title over limited community or geographic areas

without regard for the reservation status of the area affected.

(c) Approval of petition; publication in Federal Register; notice;

reassumption period; correction of causes for disapproval

If the Secretary approves any petition under subsection (a) of

this section, 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 Secretary disapproves any petition

under subsection (a) of this section, the Secretary shall provide

such technical assistance as may be necessary to enable the tribe

to correct any deficiency which the Secretary identified as a cause

for disapproval.

(d) Pending actions or proceedings unaffected

Assumption of jurisdiction under this section shall not affect

any action or proceeding over which a court has already assumed

jurisdiction, except as may be provided pursuant to any agreement

under section 1919 of this title.

-SOURCE-

(Pub. L. 95-608, title I, Sec. 108, Nov. 8, 1978, 92 Stat. 3074.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 15, 1953, referred to in subsec. (a), is act Aug.

15, 1953, ch. 505, 67 Stat. 588, as amended, which enacted section

1162 of Title 18, Crimes and Criminal Procedure, section 1360 of

Title 28, Judiciary and Judicial Procedure, and provisions set out

as notes under section 1360 of Title 28. For complete

classification of this Act to the Code, see Tables.

Home Search Download Classification Codification About
Office of the Law Revision Counsel, U.S. House of Representatives