25 U.s.c. 1901

§ 1864

TITLE 25—INDIANS

§ 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.
Congressional findings.
1902.
Congressional declaration of policy.
1903.
Definitions.
SUBCHAPTER I—CHILD CUSTODY PROCEEDINGS
1911.

Indian tribe jurisdiction over Indian child
custody proceedings.
1912.
Pending court proceedings.
1913.
Parental rights; voluntary termination.
1914.
Petition to court of competent jurisdiction to
invalidate action upon showing of certain
violations.
1915.
Placement of Indian children.
1916.
Return of custody.
1917.
Tribal affiliation information and other information for protection of rights from tribal
relationship; application of subject of adoptive placement; disclosure by court.
1918.
Reassumption of jurisdiction over child custody proceedings.
1919.
Agreements between States and Indian tribes.
1920.
Improper removal of child from custody; declination of jurisdiction; forthwith return of
child: danger exception.
1921.
Higher State or Federal standard applicable
to protect rights of parent or Indian custodian of Indian child.
1922.
Emergency removal or placement of child;
termination; appropriate action.
1923.
Effective date.
SUBCHAPTER II—INDIAN CHILD AND FAMILY
PROGRAMS
1931.

Grants for on or near reservation programs
and child welfare codes.
1932.
Grants for off-reservation programs for additional services.
1933.
Funds for on and off reservation programs.
1934.
‘‘Indian’’ defined for certain purposes.
SUBCHAPTER III—RECORDKEEPING,
INFORMATION AVAILABILITY, AND TIMETABLES
1951.

Information availability to and disclosure by
Secretary.
1952.
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
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
1 So

in original. Probably should be capitalized.

Page 388

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.)
Statutory Notes and Related Subsidiaries
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 conservator 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