Indian Child Welfare Act

Summary

Indian Child Welfare Act - Declares it to be the policy of the United States to establish standards for the placement of Indian children in foster or adoptive homes which will reflect the unique values of Indian culture, assist Indian tribes in the operation of tribal family development programs, and generally promote the stability and security of Indian families. Title I: Child Placement - Declares that an Indian tribe shall have jurisdiction exclusive as to any State over any placement of an Indian child who resides on or is domiciled within the reservation of such tribe. Stipulates that in any State court proceeding for the placement of an Indian child not domiciled or residing within the reservation of such child's tribe, the court shall transfer such proceeding to the jurisdiction of the tribe upon the petition of the parent or Indian custodian. Requires that in any involuntary placement procedure in a State court, the party seeking the placement of an Indian child shall notify the parent or Indian custodian and the child's tribe of the pending proceeding and of their right of intervention. Grants to the parent or Indian custodian the right to court-appointed counsel in a placement proceeding in any case where the court determines indigency. Requires any party seeking to effect a permanent placement of an Indian child under State law to show that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, and that these services have proved unsuccessful. Sets forth procedures for the voluntary placement of an Indian child by parents or custodian. Grants preference to a member of the child's family, tribe, and other Indian families in any adoptive placement of an Indian child. Gives preference in a nonadoptive placement to: (1) a member of the child's extended family; (2) a foster home approved by the child's tribe; (3) a licensed Indian foster home; or (4) an institution for children approved by an Indian tribe. Stipulates that whenever a final decree of adoption has been vacated or set aside or the adoptive parents voluntarily consent to the permanent placement of an Indian child, a biological parent or a prior Indian custodian may petition for return of custody. Stipulates that, upon application by an Indian individual who has reached age 18 and who was the subject of an adoptive placement, the court which entered the final placement decree shall inform such individual of the tribal affiliation, if any, of his or her biological parents and provide such other information as may be necessary to protect any rights flowing from his or her tribal relationship. Authorizes States and Indian tribes to enter into agreements with each other respecting care, custody, and jurisdiction over any matter within the scope of this Act. Stipulates that any home placement made by a program operated by a public or private agency which removes Indian children from a reservation with the consent of the parent or Indian custodian and places the child in a family home of a nonrelative as an incident to the child's attendance in a school located in a community in an off-reservation area shall not be deemed a child placement for purposes of this Act. Title II: Indian Child and Family Programs - Authorizes the Secretary of the Interior to make grants to Indian tribes and organizations for the establishment and operation of Indian child and family service programs on or near reservations and for the preparation and implementation of child welfare codes. States that the objective of every Indian child and family service program shall be to prevent the breakup of Indian families. Authorizes every Indian tribe to construct, operate, and maintain facilities for: (1) the counseling or treatment of Indian families or individuals; and (2) the temporary custody of Indian children. Authorizes the Secretary to make grants to Indian organizations to establish and operate off-reservation Indian child and family service programs. Title III: Recordkeeping, Information, Availability, and Timetables - Directs the Secretary to collect and maintain records in a single, central location of all Indian child placements which are affected after the date of this Act. Title IV: Placement Prevention Study - Directs the Secretary to prepare a plan for the provision to Indian children of schools located near the student's home.

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Documents

2 official files

• Passed House amended

  summary · EN · 14 October 1978

  Open at official source

• Introduced in House

  summary · EN · 3 May 1978

  Open at official source

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