25 U.S.C. § 1903 — Definitions

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 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. Locally convenient day schools. 1962. Copies to the States. 1963. 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 author- ity, Congress has plenary power over Indian affairs; (2) that Congress, through statutes, treaties, and the general course of dealing with Indian 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 In- dian 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 recog- nized jurisdiction over Indian child custody proceedings through administrative and judi- cial 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 inter- ests of Indian children and to promote the sta- bility 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 pro- grams. (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 tem- porary placement in a foster home or insti- tution or the home of a guardian or conser- vator where the parent or Indian custodian cannot have the child returned upon de- mand, but where parental rights have not been terminated; (ii) ‘‘termination of parental rights’’ which shall mean any action resulting in the ter- mination 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 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 any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians; (8) ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized group or com- munity of Indians recognized as eligible for the services provided to Indians by the Sec- retary because of their status as Indians, in- cluding any Alaska Native village as defined in section 1602(c) of title 43; (9) ‘‘parent’’ means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, in- cluding adoptions under tribal law or custom. It does not include the unwed father where pa- ternity has not been acknowledged or estab- lished; (10) ‘‘reservation’’ means Indian country as defined in section 1151 of title 18 and any lands, not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or in- dividual or held by any Indian tribe or indi- vidual subject to a restriction by the United States against alienation; (11) ‘‘Secretary’’ means the Secretary of the Interior; and (12) ‘‘tribal court’’ means a court with juris- diction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other ad- ministrative body of a tribe which is vested with authority over child custody proceedings. (Pub. L. 95–608, § 4, Nov. 8, 1978, 92 Stat. 3069.) SUBCHAPTER I—CHILD CUSTODY PROCEEDINGS § 1911. Indian tribe jurisdiction over Indian child custody proceedings (a) Exclusive jurisdiction An Indian tribe shall have jurisdiction exclu- sive as to any State over any child custody pro- ceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except where such jurisdiction is other- wise vested in the State by existing Federal law. Where an Indian child is a ward of a tribal court, the Indian tribe shall retain exclusive jurisdic- tion, notwithstanding the residence or domicile of the child. (b) Transfer of proceedings; declination by tribal court In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or resid- ing within the reservation of the Indian child’s tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child’s tribe: Provided, That such transfer shall be sub- ject to declination by the tribal court of such tribe. (c) State court proceedings; intervention In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child, the Indian custodian of the child and the Indian child’s tribe shall have a right to intervene at any point in the proceeding. (d) Full faith and credit to public acts, records, and judicial proceedings of Indian tribes The United States, every State, every terri- tory or possession of the United States, and every Indian tribe shall give full faith and credit to the public acts, records, and judicial pro- ceedings of any Indian tribe applicable to Indian child custody proceedings to the same extent that such entities give full faith and credit to the public acts, records, and judicial proceedings of any other entity. (Pub. L. 95–608, title I, § 101, Nov. 8, 1978, 92 Stat. 3071.) § 1912. Pending court proceedings (a) Notice; time for commencement of pro- ceedings; additional time for preparation In any involuntary proceeding in a State court, where the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement of, or termi- nation of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child’s tribe, by registered mail with