ICWA, 25 USC 1901 et seq

§ 1863

TITLE 25—INDIANS

§ 1863. Applicability of other laws
(a) In general
Paragraphs (4) and (8) of subsection (a), and
subsection (b), of section 1801 of this title, sections 1805, 1808, 1811, 1812 and 1813 of this title,
subchapters II and III of this chapter, and title
II 1 shall not apply to this subchapter.
(b) Indian self-determination and education assistance
Funds made available pursuant to this subchapter shall be subject to the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
(c) Election to receive
A tribally controlled postsecondary career and
technical institution selected for a fiscal year
under section 1862(b) of this title may elect to
receive funds pursuant to section 1862 of this
title in accordance with an agreement between
the tribally controlled postsecondary career and
technical institution and the Secretary under
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) if the
agreement is in existence on August 14, 2008.
(d) Other assistance
Eligibility for, or receipt of, assistance under
this subchapter shall not preclude the eligibility
of a tribally controlled postsecondary career and
technical institution to receive Federal financial assistance under—
(1) any program under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.) [and 42
U.S.C. 2751 et seq.];
(2) any program under the Carl D. Perkins
Career and Technical Education Act of 2006 [20
U.S.C. 2301 et seq.]; or
(3) any other applicable program under
which a benefit is provided for—
(A) institutions of higher education;
(B) community colleges; or
(C) postsecondary educational institutions.
(Pub. L. 95–471, title V, § 503, as added Pub. L.
110–315, title IX, § 941(j)(1), Aug. 14, 2008, 122 Stat.
3464.)
REFERENCES IN TEXT
Title II, referred to in subsec. (a), is title II of Pub.
L. 95–471, Oct. 17, 1978, 92 Stat. 1329, known as the Navajo Community College Assistance Act of 1978, which
enacted section 640c–1 of this title, amended section
640c of this title, and enacted provisions set out as
notes under sections 640a and 640c–1 of this title. For
complete classification of this Act to the Code, see
Short Title of 1978 Amendment note set out under section 640a of this title and Tables.
The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (b) and (c), is Pub. L.
93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified
principally to subchapter II (§ 450 et seq.) of chapter 14
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 450
of this title and Tables.
The Higher Education Act of 1965, referred to in subsec. (d)(1), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219,
which is classified generally to chapter 28 (§ 1001 et seq.)
of Title 20, Education, and part C (§ 2751 et seq.) of subchapter I of chapter 34 of Title 42, The Public Health
1 See

References in Text note below.

Page 640

and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section
1001 of Title 20 and Tables.
The Carl D. Perkins Career and Technical Education
Act of 2006, referred to in subsec. (d)(2), is Pub. L.
88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally
by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683,
which is classified generally to chapter 44 (§ 2301 et seq.)
of Title 20, Education. For complete classification of
this Act to the Code, see Short Title note set out under
section 2301 of Title 20 and Tables.

§ 1864. Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary for fiscal year 2009 and
each fiscal year thereafter to carry out this subchapter.
(Pub. L. 95–471, title V, § 504, as added Pub. L.
110–315, title IX, § 941(j)(1), Aug. 14, 2008, 122 Stat.
3465.)
CHAPTER 21—INDIAN CHILD WELFARE
Sec.

1901.
1902.
1903.

Congressional findings.
Congressional declaration of policy.
Definitions.

SUBCHAPTER I—CHILD CUSTODY PROCEEDINGS
1911.
1912.
1913.
1914.

1915.
1916.
1917.

1918.
1919.
1920.

1921.

1922.
1923.

Indian tribe jurisdiction over Indian child
custody proceedings.
Pending court proceedings.
Parental rights; voluntary termination.
Petition to court of competent jurisdiction to
invalidate action upon showing of certain
violations.
Placement of Indian children.
Return of custody.
Tribal affiliation information and other information for protection of rights from tribal
relationship; application of subject of adoptive placement; disclosure by court.
Reassumption of jurisdiction over child custody proceedings.
Agreements between States and Indian tribes.
Improper removal of child from custody; declination of jurisdiction; forthwith return of
child: danger exception.
Higher State or Federal standard applicable
to protect rights of parent or Indian custodian of Indian child.
Emergency removal or placement of child;
termination; appropriate action.
Effective date.

SUBCHAPTER II—INDIAN CHILD AND FAMILY
PROGRAMS
1931.
1932.
1933.
1934.

Grants for on or near reservation programs
and child welfare codes.
Grants for off-reservation programs for additional services.
Funds for on and off reservation programs.
‘‘Indian’’ defined for certain purposes.

SUBCHAPTER III—RECORDKEEPING,
INFORMATION AVAILABILITY, AND TIMETABLES
1951.
1952.

Information availability to and disclosure by
Secretary.
Rules and regulations.

SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
1961.
1962.
1963.

Locally convenient day schools.
Copies to the States.
Severability.

§ 1901. Congressional findings
Recognizing the special relationship between
the United States and the Indian tribes and

Page 641

TITLE 25—INDIANS

their members and the Federal responsibility to
Indian people, the Congress finds—
(1) that clause 3, section 8, article I of the
United States Constitution provides that ‘‘The
Congress shall have Power * * * To regulate
Commerce * * * with Indian tribes 1’’ 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 responsibility 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 protecting Indian children who are
members of or are eligible for membership 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.
(Pub. L. 95–608, § 2, Nov. 8, 1978, 92 Stat. 3069.)
SHORT TITLE
Pub. L. 95–608, § 1, Nov. 8, 1987, 92 Stat. 3069, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘Indian Child Welfare Act of 1978’.’’

§ 1902. Congressional declaration of policy
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 establishment 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 operation of child and family service programs.
(Pub. L. 95–608, § 3, Nov. 8, 1978, 92 Stat. 3069.)
§ 1903. Definitions
For the purposes of this chapter, 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 con1 So

in original. Probably should be capitalized.

§ 1903

servator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not
been terminated;
(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 temporary placement of an Indian
child in a foster home or institution after
the termination of parental rights, but prior
to or in lieu of adoptive placement; 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 eighteen and who is the Indian child’s
grandparent, aunt or uncle, brother or sister,
brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent;
(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 Corporation as defined in 1606 of title 43;
(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 Indian
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 control 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 village as defined
in section 1602(c) of title 43;
(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 and any

§ 1911

TITLE 25—INDIANS

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;
(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.
(Pub. L. 95–608, § 4, Nov. 8, 1978, 92 Stat. 3069.)
SUBCHAPTER I—CHILD CUSTODY
PROCEEDINGS
§ 1911. Indian tribe jurisdiction over Indian child
custody proceedings
(a) Exclusive jurisdiction
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) Transfer of proceedings; declination by tribal
court
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 proceeding 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: Provided, That such transfer shall be subject to declination by the tribal court of such
tribe.
(c) State court proceedings; intervention
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) Full faith and credit to public acts, records,
and judicial proceedings of Indian tribes
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.
(Pub. L. 95–608, title I, § 101, Nov. 8, 1978, 92 Stat.
3071.)

Page 642

§ 1912. Pending court proceedings
(a) Notice; time for commencement of proceedings; additional time for preparation
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) Appointment of counsel
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 shall promptly notify the Secretary upon
appointment of counsel, and the Secretary, upon
certification of the presiding judge, shall pay
reasonable fees and expenses out of funds which
may be appropriated pursuant to section 13 of
this title.
(c) Examination of reports or other documents
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) Remedial services and rehabilitative programs; preventive measures
Any party seeking to effect a foster care
placement of, or termination 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) Foster care placement orders; evidence; determination of damage to child
No foster 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

Page 643

TITLE 25—INDIANS

to result in serious emotional or physical damage to the child.
(f) Parental rights termination orders; evidence;
determination of damage to child
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.
(Pub. L. 95–608, title I, § 102, Nov. 8, 1978, 92 Stat.
3071.)

§ 1915

§ 1914. Petition to court of competent jurisdiction
to invalidate action upon showing of certain
violations
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 competent jurisdiction to
invalidate such action upon a showing that such
action violated any provision of sections 1911,
1912, and 1913 of this title.
(Pub. L. 95–608, title I, § 104, Nov. 8, 1978, 92 Stat.
3072.)

§ 1913. Parental rights; voluntary termination

§ 1915. Placement of Indian children

(a) Consent; record; certification matters; invalid
consents
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 were 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.

(a) Adoptive placements; preferences
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) Foster care or preadoptive placements; criteria; preferences
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 authorized 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 suitable to meet
the Indian child’s needs.
(c) Tribal resolution for different order of preference; personal preference considered; anonymity in application of preferences
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) Social and cultural standards applicable
The standards to be applied in meeting the
preference requirements of this section shall be
the prevailing social and cultural standards of

(b) Foster care placement; withdrawal of consent
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) Voluntary termination of parental rights or
adoptive placement; withdrawal of consent;
return of custody
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) Collateral attack; vacation of decree and return of custody; limitations
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 law.
(Pub. L. 95–608, title I, § 103, Nov. 8, 1978, 92 Stat.
3072.)

§ 1916

TITLE 25—INDIANS

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) Record of placement; availability
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.
(Pub. L. 95–608, title I, § 105, Nov. 8, 1978, 92 Stat.
3073.)
§ 1916. Return of custody
(a) Petition; best interests of child
Notwithstanding State law to the contrary,
whenever 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 1912 of this title, that such return of custody is not in the best interests of the child.
(b) Removal from foster care home; placement
procedure
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 chapter, 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.
(Pub. L. 95–608, title I, § 106, Nov. 8, 1978, 92 Stat.
3073.)
§ 1917. Tribal affiliation information and other
information for protection of rights from
tribal relationship; application of subject of
adoptive placement; disclosure by court
Upon application by an Indian individual who
has reached the age of eighteen and who was the
subject of an adoptive placement, the court
which entered the final decree shall inform such
individual of the tribal 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.
(Pub. L. 95–608, title I, § 107, Nov. 8, 1978, 92 Stat.
3073.)
§ 1918. Reassumption of jurisdiction over child
custody proceedings
(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

Page 644

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

Page 645

TITLE 25—INDIANS

tion 1360 of Title 28. For complete classification of this
Act to the Code, see Tables.

§ 1919. Agreements between States and Indian
tribes
(a) Subject coverage
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) Revocation; notice; actions or proceedings
unaffected
Such agreements may be revoked by either
party upon one hundred and eighty days’ written notice to the other party. Such revocation
shall not affect any action or proceeding over
which a court has already assumed jurisdiction,
unless the agreement provides otherwise.
(Pub. L. 95–608, title I, § 109, Nov. 8, 1978, 92 Stat.
3074.)
§ 1920. Improper removal of child from custody;
declination of jurisdiction; forthwith return
of child: danger exception
Where any petitioner in an Indian child custody proceeding 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
forthwith return the child to his parent or Indian custodian unless returning the child to his
parent or custodian would subject the child to a
substantial and immediate danger or threat of
such danger.
(Pub. L. 95–608, title I, § 110, Nov. 8, 1978, 92 Stat.
3075.)
§ 1921. Higher State or Federal standard applicable to protect rights of parent or Indian custodian of Indian child
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 subchapter, the State or Federal court shall apply the State or Federal
standard.
(Pub. L. 95–608, title I, § 111, Nov. 8, 1978, 92 Stat.
3075.)
§ 1922. Emergency removal or placement of child;
termination; appropriate action
Nothing in this subchapter shall be construed
to prevent the emergency 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 dam-

§ 1931

age 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 subchapter,
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.
(Pub. L. 95–608, title I, § 112, Nov. 8, 1978, 92 Stat.
3075.)
§ 1923. Effective date
None of the provisions of this subchapter, except sections 1911(a), 1918, and 1919 of this title,
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 November 8, 1978, but shall apply to any subsequent
proceeding in the same matter or subsequent
proceedings affecting the custody or placement
of the same child.
(Pub. L. 95–608, title I, § 113, Nov. 8, 1978, 92 Stat.
3075.)
SUBCHAPTER II—INDIAN CHILD AND
FAMILY PROGRAMS
§ 1931. Grants for on or near reservation programs and child welfare codes
(a) Statement of purpose; scope of programs
The Secretary is authorized to make grants to
Indian 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;
(2) the operation and maintenance of facilities for the counseling and treatment of Indian families and for the temporary custody of
Indian children;
(3) family assistance, including homemaker
and home counselors, day care, afterschool
care, and employment, recreational activities,
and respite care;
(4) home improvement programs;
(5) the employment of professional and other
trained personnel 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

§ 1932

TITLE 25—INDIANS

comparable to that for which they would be eligible as foster children, taking into account
the appropriate State standards of support for
maintenance and medical needs; and
(8) guidance, legal representation, and advice to Indian families involved in tribal,
State, or Federal child custody proceedings.
(b) Non-Federal matching funds for related Social Security or other Federal financial assistance programs; assistance for such programs unaffected; State licensing or approval
for qualification for assistance under federally assisted program
Funds appropriated for use by the Secretary in
accordance with this section may be utilized as
non-Federal matching share in connection with
funds provided under titles IV–B and XX of the
Social Security Act [42 U.S.C. 620 et seq., 1397 et
seq.] 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 chapter. The provision
or possibility of assistance under this chapter
shall not be a basis for the denial or reduction
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 institutions by an
Indian tribe shall be deemed equivalent to licensing or approval by a State.
(Pub. L. 95–608, title II, § 201, Nov. 8, 1978, 92 Stat.
3075.)
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (b), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles
IV–B and XX of the Social Security Act are classified
generally to part B (§ 620 et seq.) of subchapter IV and
subchapter XX (§ 1397 et seq.) of chapter 7 of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title
42 and Tables.

§ 1932. Grants for off-reservation programs for
additional services
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 standards
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 counselors, day care, afterschool
care, and employment, recreational activities,
and respite care; and
(4) guidance, legal representation, and advice to Indian families involved in child custody proceedings.

Page 646

(Pub. L. 95–608, title II, § 202, Nov. 8, 1978, 92 Stat.
3076.)
§ 1933. Funds for on and off reservation programs
(a) Appropriated funds for similar programs of
Department of Health and Human Services;
appropriation in advance for payments
In the establishment, operation, and funding
of Indian child and family service programs,
both on and off reservation, the Secretary may
enter into agreements with the Secretary of
Health and Human Services, and the latter Secretary is hereby authorized for such purposes to
use funds appropriated for similar programs of
the Department of Health and Human Services:
Provided, That authority to make payments pursuant to such agreements shall be effective only
to the extent and in such amounts as may be
provided in advance by appropriation Acts.
(b) Appropriation authorization under section 13
of this title
Funds for the purposes of this chapter may be
appropriated pursuant to the provisions of section 13 of this title.
(Pub. L. 95–608, title II, § 203, Nov. 8, 1978, 92 Stat.
3076; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979,
93 Stat. 695.)
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ and ‘‘Department of Health and Human Services’’ substituted
for ‘‘Secretary of Health, Education, and Welfare’’ and
‘‘Department of Health, Education, and Welfare’’, respectively, in subsec. (a) pursuant to section 509(b) of
Pub. L. 96–88, which is classified to section 3508(b) of
Title 20, Education.

§ 1934. ‘‘Indian’’ defined for certain purposes
For the purposes of sections 1932 and 1933 of
this title, the term ‘‘Indian’’ shall include persons defined in section 1603(c) 1 of this title.
(Pub. L. 95–608, title II, § 204, Nov. 8, 1978, 92 Stat.
3077.)
REFERENCES IN TEXT
Section 1603(c) of this title, referred to in text, was
redesignated section 1603(13) of this title by Pub. L.
111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.

SUBCHAPTER III—RECORDKEEPING, INFORMATION
AVAILABILITY,
AND
TIMETABLES
§ 1951. Information availability to and disclosure
by Secretary
(a) Copy of final decree or order; other information; anonymity affidavit; exemption from
Freedom of Information Act
Any State court entering a final decree or
order in any Indian child adoptive placement
after November 8, 1978, 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;
1 See

References in Text note below.

Page 647

§ 1963

TITLE 25—INDIANS

(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 relating 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) Disclosure of information for enrollment of
Indian child in tribe or for determination of
member rights or benefits; certification of
entitlement to enrollment
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 enrollment under the
criteria established by such tribe.
(Pub. L. 95–608, title III, § 301, Nov. 8, 1978, 92
Stat. 3077.)
§ 1952. Rules and regulations

(Pub. L. 95–608, title IV, § 401, Nov. 8, 1978, 92
Stat. 3078; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
CHANGE OF NAME
‘‘Department of Health and Human Services’’ substituted for ‘‘Department of Health, Education, and
Welfare’’ in subsec. (b), pursuant to section 509(b) of
Pub. L. 96–88 which is classified to section 3508(b) of
Title 20, Education.
Select Committee on Indian Affairs of the Senate redesignated Committee on Indian Affairs of the Senate
by section 25 of Senate Resolution No. 71, Feb. 25, 1993,
One Hundred Third Congress.
Committee on Interior and Insular Affairs of the
House of Representatives changed to Committee on
Natural Resources of the House of Representatives on
Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress.

§ 1962. Copies to the States
Within sixty days after November 8, 1978, the
Secretary shall send to the Governor, chief justice of the highest court of appeal, and the attorney general of each State a copy of this chapter, together with committee reports and an explanation of the provisions of this chapter.
(Pub. L. 95–608, title IV, § 402, Nov. 8, 1978, 92
Stat. 3078.)
§ 1963. Severability
If any provision of this chapter or the applicability thereof is held invalid, the remaining provisions of this chapter shall not be affected
thereby.
(Pub. L. 95–608, title IV, § 403, Nov. 8, 1978, 92
Stat. 3078.)
CHAPTER 22—BUREAU OF INDIAN AFFAIRS
PROGRAMS

Within one hundred and eighty days after November 8, 1978, the Secretary shall promulgate
such rules and regulations as may be necessary
to carry out the provisions of this chapter.

Sec.

(Pub. L. 95–608, title III, § 302, Nov. 8, 1978, 92
Stat. 3077.)

2002.
2003.
2004.
2005.
2006.
2007.
2008.
2009.
2010.
2011.
2012.
2013.

SUBCHAPTER IV—MISCELLANEOUS
PROVISIONS
§ 1961. Locally convenient day schools
(a) Sense of Congress
It is the sense of Congress that the absence of
locally convenient day schools may contribute
to the breakup of Indian families.
(b) Report to Congress; contents, etc.
The Secretary is authorized and directed to
prepare, in consultation with appropriate agencies in the Department of Health and Human
Services, 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 November 8, 1978. In developing this report the Secretary shall give particular consideration to the
provision of educational facilities for children in
the elementary grades.

2000.
2001.

2014.
2015.
2016.
2017.
2018.
2019.
2020.
2021.

Declaration of policy.
Accreditation for the basic education of Indian children in Bureau of Indian Affairs
schools.
National criteria for home-living situations.
Codification of regulations.
School boundaries.
Facilities construction.
Bureau of Indian Affairs education functions.
Allotment formula.
Administrative cost grants.
Division of Budget Analysis.
Uniform direct funding and support.
Policy for Indian control of Indian education.
Indian education personnel.
Computerized management information system.
Recruitment of Indian educators.
Annual report; audits.
Rights of Indian students.
Regulations.
Regional meetings and negotiated rulemaking.
Early childhood development program.
Tribal departments or divisions of education.
Definitions.
CODIFICATION

Part B of title XI of the Education Amendments of
1978, comprising this chapter, was originally enacted as
part B of title XI of Pub. L. 95–561, Nov. 1, 1978, 92 Stat.
2316, and amended by 1978 Reorg. Plan No. 2, eff. Jan.
1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–46, Aug. 6,