§ 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:
‘
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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
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Sense of Congress** It is the sense of Congress that the absence of locally convenient day schools may contribute to the breakup of Indian families.
**(b) Report to Congress; contents, etc.** The Secretary is authorized and directed to prepare, in consultation with appropriate agencies in the Department of Health and Human Services, a report on the feasibility of providing Indian children with schools located near their homes, and to submit such report to the Select Committee on Indian Affairs of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives within two years from November 8, 1978. In developing this report the Secretary shall give particular consideration to the provision of educational facilities for children in the elementary grades.