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25 U.S.C. § 1901 — Congressional findings

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1901 — Congressional findings

§ 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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Stable record: federal_law:legal_authorities:uscode2024_3feaf20a5c413022f4c66158
Source file: Laws/federal/codes/united-states-code-2024/title-25/section-1901-congressional-findings--6737c459bc.md
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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

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1901 — Locally convenient day schools

**(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.

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