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25 U.S.C. § 1919 — Return of custody
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1912&num=0&edition=prelim), 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1919
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Stable record: federal_law:legal_authorities:record_usc_3303472c631be4131e3f1211
Source file: Laws/federal/codes/united-states-code/title-25/section-1919-return-of-custody--1b93d5933f.md
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Source location: Title 25, Chapter 21, § 1919; chapter-021-indian-child-welfare.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1912&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1912
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Federal law — U.S. Code and appendices · legal_authorities
**(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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1911/a&num=0&edition=prelim) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1921
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Federal law — U.S. Code and appendices · legal_authorities
Page 392
TITLE 25—INDIANS
§ 1919
(ii) the size of the reservation or former res-
ervation area which will be affected by ret-
rocession and reassumption of jurisdiction by
the tribe;
(iii) the population base of the tribe, or dis-
tribution 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 deter-
mines that the jurisdictional provisions of sec-
tion 1911(a) of this title are not feasible, he is
authorized to accept partial retrocession which
will enable tribes to exercise referral jurisdic-
tion as provided in section 1911(b) of this title,
or, where appropriate, will allow them to exer-
cise exclusive jurisdiction as provided in section
1911(a) of this title over limited community or
geographic areas without regard for the reserva-
tion status of the area affected.
(c) Approval of petition; publication in Federal
Register; notice; reassumption period; cor-
rection of causes for disapproval
If the Secretary approves any petition under
subsection (a), the Secretary shall publish no-
tice of such approval in the Federal Register and
shall notify the affected State or States of such
approval. The Indian tribe concerned shall re-
assume jurisdiction sixty days after publication
in the Federal Register of notice of approval. If
the Secretary disapproves any petition under
subsection (a), the Secretary shall provide such
technical assistance as may be necessary to en-
able the tribe to correct any deficiency which
the Secretary identified as a cause for dis-
approval.
(d) Pending actions or proceedings unaffected
Assumption of jurisdiction under this section
shall not affect any acti
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1919
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