Indian Child Welfare Act of 1978

Summary

Indian Child Welfare Act - Title I: Child Placement Standards - Sets standards concerning the validity of Indian Child placement including: (1) that such placement is made pursuant to an order of a tribal court, or where there is no such court that the Indian Tribe be accorded 30 days notice of such a placement proceeding and the right to intervene as an interested party; (2) that there be overwhelming evidence, including professional testimony, that the continued custody of the child would result in serious emotional harm to the child where there is parental or blood guardian opposition to the loss of such custody, or that there be clear and convincing evidence that such custody will result in serious physical harm to the child; and (3) that the voluntariness or consent to the loss of custody be certified by the witnessing judge. States that these provisions shall not effect temporary placements under circumstances where the physical or emotional well-being of the child is immediately threatened. Requires every nontribal government agency to grant a preference to members of the child's extended Indian family when such child is being offered for adoption. States that, absent good cause shown to the contrary, a nontribal government agency must follow the order of preferences stated in this Act. Grants continuing jurisdiction to a tribal court over placement where the child has not attained the age of 18 and has been placed in a home or institution outside of the reservation of which the child is a resident. Allows an Indian adoptive child who has attained the age of 18, upon application to the court which entered the final adoption decree, to discover the names and last known addresses of his or her natural parents, their tribal affiliation and the ground for the severance of their family relations. Title II: Indian Family Development - Authorizes the Secretary of the Interior to make grants to, or enter contracts with Indian tribes for the purpose of assisting such tribes in the establishment and operation of Indian family development programs and child welfare codes. States that family development programs shall consist of (1) a system for licensing or otherwise regulating Indian foster homes; (2) the construction and operation of family development centers, which may include facilities for counseling Indian families and facilities for the temporary custody of Indian children whose parents or guardians are unwilling or unable to care for them; (3) family assistance such as day and after school care, recreational activities and respite services; (4) a special home improvement program; (5) professional personnel to assist the tribal court in the disposition of domestic relations and child welfare matters; (6) education of Indians in skills relating to child welfare and family assistance programs, and scholarships for such education; and (7) a subsidy program for the increased support of Indian adoptive children. Provides for off-reservation Indian family development programs to be either operated directly by the Secretary or through grants and contracts with local Indian organizations. States that such programs may include features such as: (1) a system for regulating and supporting Indian foster and adoptive homes; (2) family assistance; and (3) an Indian family defense program which provides for representation by an attorney for every Indian child or his parents in child placement proceedings. Directs and authorizes the Secretary to undertake a study of the circumstances surrounding all child placements which have occurred during the 16 years preceding the effective date of this Act, where the child so placed is still under the age of 18. Authorizes the Secretary, in his discretion, to institute a habeas corpus action in the name of the United States on behalf of a parent or blood relative for the purpose of challenging the legality of the placement of a child if such parent or relative so requests. States that such action is to be brought in the United States District Court for the district in which the child resides. Directs the Secretary to disclose to an Indian adoptive child over 18 years of age, upon application, the names and addresses of parents and siblings and to aid such a child in enrolling in the tribe of which he is eligible for membership.

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Documents

3 official files

• Public Law (PDF)

  Public Law · EN · 9 November 1978

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• Passed House amended

  summary · EN · 14 October 1978

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• Introduced in Senate

  summary · EN · 1 April 1977

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