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42 U.S.C. § 628d — Effective implementation of the Indian Child Welfare Act of 1978

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 628d — Effective implementation of the Indian Child Welfare Act of 1978

**(a) In general** Not later than October 1, 2025, the Secretary, in consultation with Indian tribal organizations and States, shall develop a plan and provide technical assistance supporting effective implementation of the Indian Child Welfare Act of 1978 [[25 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1901&num=0&edition=prelim) et seq.], including specific measures identified in State plans as required by [section 622(b)(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section622/b/9&num=0&edition=prelim). The technical assistance plan shall be based on data sufficient to assess State strengths and areas for improvement in implementing Federal standards established under the Indian Child Welfare Act of 1978, including, at a minimum, the following: (1) Timely identification of Indian children and extended family members. (2) Timely tribal notice of State child custody proceedings involving an Indian child. (3) Reports of cases in which a transfer of jurisdiction (as defined under the Indian Child Welfare Act of 1978) was granted or was not granted, and reasons specified for denial in cases where transfer was denied. (4) In cases in which a State court orders a foster care placement of an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met. (5) Whether an Indian child was placed in a placement that is required to be preferred under the Indian Child Welfare Act of 1978, and if not, the reasons specified. (6) In cases in which a State court orders the termination of parental rights to an Indian child, whether requirements for active efforts to prevent the breakup

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Stable record: federal_law:legal_authorities:record_usc_83c04252ef11dde42424fcb8
Source file: Laws/federal/codes/united-states-code/title-42/section-628d-effective-implementation-of-the-indian-child-welfare-act-of-1978--789a6939c2.md
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Source location: Title 42, Chapter 7, § 628d; chapter-007-social-security.md

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**(a) In general** Not later than October 1, 2025, the Secretary, in consultation with Indian tribal organizations and States, shall develop a plan and provide technical assistance supporting effective implementation of the Indian Child Welfare Act of 1978 [[25 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1901&num=0&edition=prelim) et seq.], including specific measures identified in State plans as required by [section 622(b)(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section622/b/9&num=0&edition=prelim). The technical assistance plan shall be based on data sufficient to assess State strengths and areas for improvement in implementing Federal standards established under the Indian Child Welfare Act of 1978, including, at a minimum, the following: (1) Timely identification of Indian children and extended family members. (2) Timely tribal notice of State child custody proceedings involving an Indian child. (3) Reports of cases in which a transfer of jurisdiction (as defined under the Indian Child Welfare Act of 1978) was granted or was not granted, and reasons specified for denial in cases where transfer was denied. (4) In cases in which a State court orders a foster care placement of an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met. (5) Whether an Indian child was placed in a placement that is required to be preferred under the Indian Child Welfare Act of 1978, and if not, the reasons specified. (6) In cases in which a State court orders the termination of parental rights to an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met. **(b) Interagency coordination** On request of the Secretary, the Secretary of the Interior shall provide the Secretary with such guidance and assistance as may be necessary to facilitate informing States and public child welfare agencies on how to comply with the Indian Child Welfare Act of 1978, including specific measures identified in State plans as required by [section 622(b)(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section622/b/9&num=0&edition=prelim). **(c) Biennial reports to Congress** The Secretary shall biennially submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on how— (1) the States are complying with the Indian Child Welfare Act of 1978 and [section 622(b)(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section622/b/9&num=0&edition=prelim), as informed by data collected under this section; and (2) the Secretary is assisting States and Indian tribes to improve implementation of Federal standards established under the Indian Child Welfare Act of 1978.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 622 — State plans for child welfare services

**(a) Joint development** In order to be eligible for payment under this subpart, a State must have a plan for child welfare services which has been developed jointly by the Secretary and the State agency designated pursuant to subsection (b)(1), and which meets the requirements of subsection (b). **(b) Requisite features of State plans** Each plan for child welfare services under this subpart shall— (1) provide that a State agency will administer or supervise the administration of the plan under this subpart; (2) provide for coordination between the services provided for children under the plan and the services and assistance provided under division A 11 See References in Text note below. of subchapter XX, under the State program funded under part A, under the State plan approved under subpart 2 of this part, under the State plan approved under the State plan approved 22 So in original. under part E, and under other State programs having a relationship to the program under this subpart, with a view to provision of welfare and related services which will best promote the welfare of such children and their families; (3) include a description of the services and activities which the State will fund under the State program carried out pursuant to this subpart, and how the services and activities will achieve the purpose of this subpart; (4) contain a description of— (A) the steps the State will take to provide child welfare services statewide and to expand and strengthen the range of existing services and develop and implement services to improve child outcomes; (B) the child welfare services staff development and training plans of the State; and (C) the steps that the State will take to ensure that, with respect to any judicial proceeding involving a child a

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1901 — 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 629e — Evaluations; research; technical assistance

**(a) Evaluations** (1) **In general** — The Secretary shall evaluate and report to the Congress biennially on the effectiveness of the programs carried out pursuant to this subpart in accomplishing the purposes of this subpart, and may evaluate any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart, in accordance with criteria established in accordance with paragraph (2). (2) **Criteria to be used** — In developing the criteria to be used in evaluations under paragraph (1), the Secretary shall consult with appropriate parties, such as— (A) State agencies administering programs under this part and part E; (B) persons administering child and family services programs (including family preservation and family support programs) for private, nonprofit organizations with an interest in child welfare including community-based partners with expertise in preventing unnecessary child welfare system involvement; and (C) other persons with recognized expertise in the evaluation of child and family services programs (including family preservation and family support programs) or other related programs. (3) **Timing of report** — Beginning in 2003, the Secretary shall submit the biennial report required by this subsection not later than April 1 of every other year, and shall include in each such report the funding level, the status of ongoing evaluations, findings to date, and the nature of any technical assistance provided to States under subsection (d). **(b) Coordination of evaluations** The Secretary shall develop procedures to coordinate evaluations under this section, to the extent feasible, with evaluations by the States of the effectiveness of programs un

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1901 — Congressional findings

Page 388 TITLE 25—INDIANS § 1864 1 So in original. Probably should be capitalized. § 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 sub- chapter. (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 infor- mation for protection of rights from tribal relationship; application of subject of adop- tive placement; disclosure by court. 1918. Reassumption of jurisdiction over child cus- tody proceedings. 1919. Agreements between States and Indian tribes. 1920. Improper removal of child from custody; dec- lination of jurisdiction; forthwith return of child: danger exception. 1921. Higher State or Federal standard applicable to protect rights of parent or Indian custo- dian 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 addi- tional services. 1933. Funds for on and off reservati

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 628d — Effective implementation of the Indian

Page 2230 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 628d agency and State juvenile justice agency may identify. (d) Training and technical assistance The Secretary may support State child wel- fare agencies and State juvenile justice agencies by offering a program, developed in consultation with organizations and agencies with subject matter expertise, of training and technical as- sistance to assist such agencies in developing programs and protocols that draw on best prac- tices for serving dual status youth in order to facilitate or enhance— (1) collaboration between State child welfare agencies and State juvenile justice agencies; and (2) the effectiveness of such agencies with re- spect to working with Federal agencies and child welfare and juvenile justice agencies from other States. (e) Report Not later than 3 years after January 5, 2023, and every 3 years thereafter, the Secretary, the Attorney General, and the Administrator of the Office of Juvenile Justice and Delinquency Pre- vention of the Department of Justice shall joint- ly submit to the Committee on Finance and the Committee on the Judiciary of the Senate and the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives, a report on the grants pro- vided under this section. (f) Definitions In this section: (1) Dual status youth The term ‘‘dual status youth’’ means a child who has come into contact with both the child welfare and juvenile justice systems and occu- pies various statuses in terms of the individ- ual’s relationship to such systems. (2) Leadership collaboration group The term ‘‘leadership collaboration group’’ means a group composed of senior officials from the State child welfare agency, the State juvenile justice age

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