Collapse to view only § 1920. Improper removal of child from custody; declination of jurisdiction; forthwith return of child: danger exception

§ 1911. Indian tribe jurisdiction over Indian child custody proceedings
(a) Exclusive jurisdiction
(b) Transfer of proceedings; declination by tribal court
(c) State court proceedings; intervention
(d) Full faith and credit to public acts, records, and judicial proceedings of Indian tribes
(Pub. L. 95–608, title I, § 101, Nov. 8, 1978, 92 Stat. 3071.)
§ 1912. Pending court proceedings
(a) Notice; time for commencement of proceedings; additional time for preparation
(b) Appointment of counsel
(c) Examination of reports or other documents
(d) Remedial services and rehabilitative programs; preventive measures
(e) Foster care placement orders; evidence; determination of damage to child
(f) Parental rights termination orders; evidence; determination of damage to child
(Pub. L. 95–608, title I, § 102, Nov. 8, 1978, 92 Stat. 3071.)
§ 1913. Parental rights; voluntary termination
(a) Consent; record; certification matters; invalid consents
(b) Foster care placement; withdrawal of consent
(c) Voluntary termination of parental rights or adoptive placement; withdrawal of consent; return of custody
(d) Collateral attack; vacation of decree and return of custody; limitations
(Pub. L. 95–608, title I, § 103, Nov. 8, 1978, 92 Stat. 3072.)
§ 1914. Petition to court of competent jurisdiction to invalidate action upon showing of certain violations

Any Indian child who is the subject of any action for foster care placement or termination of parental rights under State law, any parent or Indian custodian from whose custody such child was removed, and the Indian child’s tribe may petition any court of competent jurisdiction to invalidate such action upon a showing that such action violated any provision of sections 1911, 1912, and 1913 of this title.

(Pub. L. 95–608, title I, § 104, Nov. 8, 1978, 92 Stat. 3072.)
§ 1915. Placement of Indian children
(a) Adoptive placements; preferences
(b) Foster care or preadoptive placements; criteria; preferences
Any child accepted for foster care or preadoptive placement shall be placed in the least restrictive setting which most approximates a family and in which his special needs, if any, may be met. The child shall also be placed within reasonable proximity to his or her home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with—
(i) a member of the Indian child’s extended family;
(ii) a foster home licensed, approved, or specified by the Indian child’s tribe;
(iii) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
(iv) an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child’s needs.
(c) Tribal resolution for different order of preference; personal preference considered; anonymity in application of preferences
(d) Social and cultural standards applicable
(e) Record of placement; availability
(Pub. L. 95–608, title I, § 105, Nov. 8, 1978, 92 Stat. 3073.)
§ 1916. Return of custody
(a) Petition; best interests of child
(b) Removal from foster care home; placement procedure
(Pub. L. 95–608, title I, § 106, Nov. 8, 1978, 92 Stat. 3073.)
§ 1917. Tribal affiliation information and other information for protection of rights from tribal relationship; application of subject of adoptive placement; disclosure by court

Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement, the court which entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual’s biological parents and provide such other information as may be necessary to protect any rights flowing from the individual’s tribal relationship.

(Pub. L. 95–608, title I, § 107, Nov. 8, 1978, 92 Stat. 3073.)
§ 1918. Reassumption of jurisdiction over child cus­tody proceedings
(a) Petition; suitable plan; approval by Secretary
(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 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 title, or, where appropriate, will allow them to exercise exclusive jurisdiction as provided in section 1911(a) of this title over limited community or geographic areas without regard for the reservation status of the area affected.
(c) Approval of petition; publication in Federal Register; notice; reassumption period; correction of causes for disapproval
(d) Pending actions or proceedings unaffected
(Pub. L. 95–608, title I, § 108, Nov. 8, 1978, 92 Stat. 3074.)
§ 1919. Agreements between States and Indian tribes
(a) Subject coverage
(b) Revocation; notice; actions or proceedings unaffected
(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 custody proceeding before a State court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his parent or Indian 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 applicable to protect rights of parent or Indian custodian of Indian child

In any case where State or Federal law applicable to a child custody proceeding under State or Federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this subchapter, the State or Federal 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 reservation, from his parent or Indian custodian or the emergency placement of such child in a foster home or institution, under applicable State law, in order to prevent imminent physical damage 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 physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of this subchapter, transfer the child to the jurisdiction of the appropriate Indian tribe, or restore the child to the parent or Indian custodian, as may be appropriate.

(Pub. L. 95–608, title I, § 112, Nov. 8, 1978, 92 Stat. 3075.)
§ 1923. Effective date

None of the provisions of this subchapter, except sections 1911(a), 1918, and 1919 of this title, shall affect a proceeding under State law for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement which was initiated or completed prior to one hundred and eighty days after November 8, 1978, but shall apply to any subsequent proceeding in the same matter or subsequent proceedings affecting the custody or placement of the same child.

(Pub. L. 95–608, title I, § 113, Nov. 8, 1978, 92 Stat. 3075.)