25 U.S.C. § 1919 — Agreements between States and Indian

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 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.) Editorial Notes REFERENCES IN TEXT Act of August 15, 1953, referred to in subsec. (a), is act Aug. 15, 1953, ch. 505, 67 Stat. 588, 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 section 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 respect- ing care and custody of Indian children and ju- risdiction over child custody proceedings, in- cluding agreements which may provide for or- derly transfer of jurisdiction on a case-by-case basis and agreements which provide for concur- rent 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’ writ- ten 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 cus- tody proceeding before a State court has im- properly removed the child from custody of the parent or Indian custodian or has improperly re- tained custody after a visit or other temporary relinquishment of custody, the court shall de- cline jurisdiction over such petition and shall forthwith return the child to his parent or In- dian 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 applica- ble to protect rights of parent or Indian cus- todian of Indian child In any case where State or Federal law appli- cable to a child custody proceeding under State or Federal law provides a higher standard of pro- tection to the rights of the parent or Indian cus- todian of an Indian child than the rights pro- vided under this subchapter, the State or Fed- eral 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 res- ervation, from his parent or Indian custodian or the emergency placement of such child in a fos- ter home or institution, under applicable State law, in order to prevent imminent physical dam- 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 phys- ical damage or harm to the child and shall expe- ditiously initiate a child custody proceeding subject to the provisions of this subchapter, transfer the child to the jurisdiction of the ap- propriate Indian tribe, or restore the child to the parent or Indian custodian, as may be appro- priate. (Pub. L. 95–608, title I, § 112, Nov. 8, 1978, 92 Stat. 3075.)