25 USC Ch. 21: Front Matter
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25 USC Ch. 21: Front Matter
From Title 25-INDIANSCHAPTER 21-INDIAN CHILD WELFARE

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.
(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.
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.
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.
1914.
Petition to court of competent jurisdiction to invalidate action upon showing of certain violations.
1915.
Placement of Indian children.
(a)
Adoptive placements; preferences.
(b)
Foster care or preadoptive placements; criteria; preferences.
(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.
1916.
Return of custody.
(a)
Petition; best interests of child.
(b)
Removal from foster care home; placement procedure.
1917.
Tribal affiliation information and other information for protection of rights from tribal relationship; application of subject of adoptive placement; disclosure by court.
1918.
Reassumption of jurisdiction over child custody proceedings.
(a)
Petition; suitable plan; approval by Secretary.
(b)
Criteria applicable to consideration by Secretary; partial retrocession.
(c)
Approval of petition; publication in Federal Register; notice; reassumption period; correction of causes for disapproval.
(d)
Pending actions or proceedings unaffected.
1919.
Agreements between States and Indian tribes.
(a)
Subject coverage.
(b)
Revocation; notice; actions or proceedings unaffected.
1920.
Improper removal of child from custody; declination of jurisdiction; forthwith return of child: danger exception.
1921.
Higher State or Federal standard applicable to protect rights of parent or Indian custodian 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.
(a)
Statement of purpose; scope of programs.
(b)
Non-Federal matching funds for related Social Security or other Federal financial assistance programs; assistance for such programs unaffected; State licensing or approval for qualification for assistance under federally assisted program.
1932.
Grants for off-reservation programs for additional services.
1933.
Funds for on and off reservation programs.
(a)
Appropriated funds for similar programs of Department of Health and Human Services; appropriation in advance for payments.
(b)
Appropriation authorization under section 13 of this title.
1934.
"Indian" defined for certain purposes.

        

SUBCHAPTER III-RECORDKEEPING, INFORMATION AVAILABILITY, AND TIMETABLES

1951.
Information availability to and disclosure by Secretary.
(a)
Copy of final decree or order; other information; anonymity affidavit; exemption from Freedom of Information Act.
(b)
Disclosure of information for enrollment of Indian child in tribe or for determination of member rights or benefits; certification of entitlement to enrollment.
1952.
Rules and regulations.

        

SUBCHAPTER IV-MISCELLANEOUS PROVISIONS

1961.
Locally convenient day schools.
(a)
Sense of Congress.
(b)
Report to Congress; contents, etc.
1962.
Copies to States.
1963.
Severability.

        

Chapter Referred to in Other Sections

This chapter is referred to in sections 941h, 1300j–7, 1653, 1727 of this title; title 42 sections 622, 674, 1996b.