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25 U.S.C. § 1912 — Congressional declaration of policy
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.
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Source file: Laws/federal/codes/united-states-code/title-25/section-1912-congressional-declaration-of-policy--79346ae45e.md
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Source location: Title 25, Chapter 21, § 1912; chapter-021-indian-child-welfare.md
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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.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 389
TITLE 25—INDIANS
§ 1912
(iv) ‘‘adoptive placement’’ which shall
mean the permanent placement of an Indian
child for adoption, including any action re-
sulting in a final decree of adoption.
Such term or terms shall not include a place-
ment 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 de-
fined 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 neph-
ew, first or second cousin, or stepparent;
(3) ‘‘Indian’’ means any person who is a
member of an Indian tribe, or who is an Alas-
ka Native and a member of a Regional Cor-
poration as defined in section 1606 of title 43;
(4) ‘‘Indian child’’ means any unmarried per-
son 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 In-
dian tribe in which an Indian child is a mem-
ber 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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1912
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