The Indian Child Welfare Act of 1978

25 U.S.C. §§ 1901-63

§ 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

tribes1 and, through this and other constitutional

authority, 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 Indian 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 recognized

jurisdiction over Indian child custody proceedings

through administrative and judicial 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.) Short

Title Section 1 of Pub. L. 95-608 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 interests of Indian children and

to promote the stability 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

programs. (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

temporary placement in a foster home or

institution or the home of a guardian or

conservator where the parent or Indian

custodian cannot have the child returned

upon demand, but where parental rights

have not been terminated;

(ii) ''termination of parental rights'' which

shall mean any action resulting in the

termination 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

(iv) ''adoptive placement'' which shall mean

the permanent placement of an Indian

child for adoption, including any action

resulting in a final decree of adoption.

Such term or terms shall not include a

placement based upon an act which, if

committed by an adult, would be deemed a

crime or upon an award, in a divorce

proceeding, of custody to one of the parents.

(2) ''extended family member'' shall be as defined by

the law or custom of the Indian child's tribe or, in

the absence of such law or custom, shall be a

person who has reached the age of eighteen and

who is the Indian child's grandparent, aunt or

uncle, brother or sister, brother-in-law or sister-in-

law, niece or nephew, first or second cousin, or

stepparent;

(3) ''Indian'' means any person who is a member of

an Indian tribe, or who is an Alaska Native and a

member of a Regional Corporation as defined in

1606 of title 43;

(4) ''Indian child'' means any unmarried person who

is under age eighteen and is either (a) a member

of an Indian tribe or (b) is eligible for membership

in an Indian tribe and is the biological child of a

member of an Indian tribe;

(5) ''Indian child's tribe'' means (a) the Indian tribe in

which an Indian child is a member or eligible for

membership or (b), in the case of an Indian child

who is a member of or eligible for membership in

more than one tribe, the Indian tribe with which

the Indian child has the more significant contacts;

(6) ''Indian custodian'' means any Indian person who

has legal custody of an Indian child under tribal

law or custom or under State law or to whom

temporary physical care, custody, and control has

been transferred by the parent of such child;

(7) ''Indian organization'' means any group,

association, partnership, corporation, or other

legal entity owned or controlled by Indians, or a

majority of whose members are Indians;

(8) ''Indian tribe'' means any Indian tribe, band,

nation, or other organized group or community of

Indians recognized as eligible for the services

provided to Indians by the Secretary because of

their status as Indians, including any Alaska

Native village as defined in section 1602(c) of title

43;

(9) ''parent'' means any biological parent or parents

of an Indian child or any Indian person who has

lawfully adopted an Indian child, including

adoptions under tribal law or custom. It does not

include the unwed father where paternity has not

been acknowledged or established;

(10) ''reservation'' means Indian country as defined in

section 1151 of title 18 and any lands, not

covered under such section, title to which is

either held by the United States in trust for the

benefit of any Indian tribe or individual or held by

any Indian tribe or individual subject to a

restriction by the United States against alienation;

(11) ''Secretary'' means the Secretary of the Interior;

and

(12) ``tribal court'' means a court with jurisdiction

over child custody proceedings and which is

either a Court of Indian Offenses, a court

established and operated under the code or

custom of an Indian tribe, or any other

administrative body of a tribe which is vested

with authority over child custody proceedings.

(Pub. L. 95-608, § 4, Nov. 8, 1978, 92 Stat.

3069.) Section Referred to in Other Sections

This section is referred to in sections 1727,

3202, 3653, 4302 of this title; title 12 section

4702; title 26 section 168.

Subchapter 1

Child Custody Proceedings

§ 1911. Indian tribe jurisdiction over Indian child

custody proceedings

(a) Exclusive jurisdiction

An Indian tribe shall have jurisdiction exclusive as to any

State over any child custody proceeding involving an

Indian child who resides or is domiciled within the

reservation of such tribe, except where such jurisdiction is

otherwise vested in the State by existing Federal law.

Where an Indian child is a ward of a tribal court, the

Indian tribe shall retain exclusive jurisdiction,

notwithstanding the residence or domicile of the child.

(b) Transfer of proceedings; declination by tribal

court

In any State court proceeding for the foster care

placement of, or termination of parental rights to, an

Indian child not domiciled or residing within the

reservation of the Indian child's tribe, the court, in the

absence of good cause to the contrary, shall transfer

such proceeding to the jurisdiction of the tribe, absent

objection by either parent, upon the petition of either

parent or the Indian custodian or the Indian child's tribe:

Provided, That such transfer shall be subject to

declination by the tribal court of such tribe.

In any State court proceeding for the foster care

placement of, or termination of parental rights to, an

Indian child, the Indian custodian of the child and the

Indian child's tribe shall have a right to intervene at any

point in the proceeding.

(d) Full faith and credit to public acts, records, and

judicial proceedings of Indian tribes

The United States, every State, every territory or

possession of the United States, and every Indian tribe

shall give full faith and credit to the public acts, records,

and judicial proceedings of any Indian tribe applicable to

Indian child custody proceedings to the same extent that

such entities give full faith and credit to the public acts,

records, and judicial proceedings of any other entity.

(Pub. L. 95-608, title I, § 101, Nov. 8, 1978, 92 Stat.

3071.) Section Referred to in Other Sections This section

is referred to in sections 1914, 1918, 1923 of this title.

§ 1912. Pending court proceedings

(a) Notice; time for commencement of proceedings;

additional time for preparation

In any involuntary proceeding in a State court, where the

court knows or has reason to know that an Indian child is

involved, the party seeking the foster care placement of,

or termination of parental rights to, an Indian child shall

notify the parent or Indian custodian and the Indian child's

tribe, by registered mail with return receipt requested, of

the pending proceedings and of their right of intervention.

If the identity or location of the parent or Indian custodian

and the tribe cannot be determined, such notice shall be

given to the Secretary in like manner, who shall have

fifteen days after receipt to provide the requisite notice to

the parent or Indian custodian and the tribe. No foster

care placement or termination of parental rights

proceeding shall be held until at least ten days after

receipt of notice by the parent or Indian custodian and the

tribe or the Secretary: Provided, That the parent or Indian

custodian or the tribe shall, upon request, be granted up

to twenty additional days to prepare for such proceeding.

(b) Appointment of counsel

In any case in which the court determines indigency, the

parent or Indian custodian shall have the right to court-

appointed counsel in any removal, placement, or

termination proceeding. The court may, in its discretion,

appoint counsel for the child upon a finding that such

appointment is in the best interest of the child. Where

State law makes no provision for appointment of counsel

in such proceedings, the court shall promptly notify the

Secretary upon appointment of counsel, and the

Secretary, upon certification of the presiding judge, shall

pay reasonable fees and expenses out of funds which

may be appropriated pursuant to section 13 of this title.

Each party to a foster care placement or termination of

parental rights proceeding under State law involving an

Indian child shall have the right to examine all reports or

other documents filed with the court upon which any

decision with respect to such action may be based.

(d) Remedial services and rehabilitative programs;

preventive measures

Any party seeking to effect a foster care placement of, or

termination of parental rights to, an Indian child under

State law shall satisfy the court 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 efforts have proved unsuccessful.

(e) Foster care placement orders; evidence;

determination of damage to child

No foster care placement may be ordered in such

proceeding in the absence of a determination, supported

by clear and convincing evidence, including testimony of

qualified expert witnesses, that the continued custody of

the child by the parent or Indian custodian is likely to

result in serious emotional or physical damage to the

child.

(f)Parental rights termination orders; evidence;

determination of damage to child

No termination of parental rights may be ordered in such

proceeding in the absence of a determination, supported

by evidence beyond a reasonable doubt, including

testimony of qualified expert witnesses, that the continued

custody of the child by the parent or Indian custodian is

likely to result in serious emotional or physical damage to

the child. (Pub. L. 95-608, title I, § 102, Nov. 8, 1978, 92

Stat. 3071.) Section Referred to in Other Sections This

section is referred to in sections 1914, 1916 of this title.

§ 1913. Parental rights; voluntary termination

(a)Consent; record; certification matters; invalid

consents

Where any parent or Indian custodian voluntarily

consents to a foster care placement or to termination of

parental rights, such consent shall not be valid unless

executed in writing and recorded before a judge of a court

of competent jurisdiction and accompanied by the

presiding judge's certificate that the terms and

consequences of the consent were fully explained in

detail and were fully understood by the parent or Indian

custodian. The court shall also certify that either the

parent or Indian custodian fully understood the

explanation in English or that it was interpreted into a

language that the parent or Indian custodian understood.

Any consent given prior to, or within ten days after, birth

of the Indian child shall not be valid.

(b)Foster care placement; withdrawal of consent

Any parent or Indian custodian may withdraw consent to

a foster care placement under State law at any time and,

upon such withdrawal, the child shall be returned to the

parent or Indian custodian.

(c)Voluntary termination of parental rights or

adoptive placement; withdrawal of consent; return of

custody

In any voluntary proceeding for termination of parental

rights to, or adoptive placement of, an Indian child, the

consent of the parent may be withdrawn for any reason at

any time prior to the entry of a final decree of termination

or adoption, as the case may be, and the child shall be

returned to the parent.

(d)Collateral attack; vacation of decree and return of

custody; limitations

After the entry of a final decree of adoption of an Indian

child in any State court, the parent may withdraw consent

thereto upon the grounds that consent was obtained

through fraud or duress and may petition the court to

vacate such decree. Upon a finding that such consent

was obtained through fraud or duress, the court shall

vacate such decree and return the child to the parent. No

adoption which has been effective for at least two years

may be invalidated under the provisions of this subsection

unless otherwise permitted under State law. (Pub. L. 95-

608, title I, § 103, Nov. 8, 1978, 92 Stat. 3072.) Section

Referred to in Other Sections This section is referred to in

section 1914 of this title.

§ 1914. Petition to court of competent jurisdiction to

invalidate action upon showing of certain violations

Any Indian child who is the subject of any action for foster

care placement or termination of parental rights under

State law, any parent or Indian custodian from whose

custody such child was removed, and the Indian child's

tribe may petition any court of competent jurisdiction to

invalidate such action upon a showing that such action

violated any provision of sections 1911, 1912, and 1913

of this title. (Pub. L. 95-608, title I, § 104, Nov. 8, 1978, 92

Stat. 3072.)

§ 1915. Placement of Indian children

(a)Adoptive placements; preferences

In any adoptive placement of an Indian child under State

law, a preference shall be given, in the absence of good

cause to the contrary, to a placement with (1) a member

of the child's extended family; (2) other members of the

Indian child's tribe; or (3) other Indian families.

(b)Foster care or preadoptive placements; criteria;

preferences

Any child accepted for foster care or preadoptive

placement shall be placed in the least restrictive setting

which most approximates a family and in which his

special needs, if any, may be met. The child shall also be

placed within reasonable proximity to his or her home,

taking into account any special needs of the child. In any

foster care or preadoptive placement, a preference shall

be given, in the absence of good cause to the contrary, to

a placement with--

(i) a member of the Indian child's extended family;

(ii) a foster home licensed, approved, or specified by

the Indian child's tribe;

(iii) an Indian foster home licensed or approved by an

authorized non-Indian licensing authority; or

(iv) an institution for children approved by an Indian

tribe or operated by an Indian organization which

has a program suitable to meet the Indian child's

needs.

(c)Tribal resolution for different order of preference;

personal preference considered; anonymity in

application of preferences

In the case of a placement under subsection (a) or (b) of

this section, if the Indian child's tribe shall establish a

different order of preference by resolution, the agency or

court effecting the placement shall follow such order so

long as the placement is the least restrictive setting

appropriate to the particular needs of the child, as

provided in subsection (b) of this section. Where

appropriate, the preference of the Indian child or parent

shall be considered: Provided, That where a consenting

parent evidences a desire for anonymity, the court or

agency shall give weight to such desire in applying the

preferences.

(d)Social and cultural standards applicable

The standards to be applied in meeting the preference

requirements of this section shall be the prevailing social

and cultural standards of the Indian community in which

the parent or extended family resides or with which the

parent or extended family members maintain social and

cultural ties.

(e)Record of placement; availability

A record of each such placement, under State law, of an

Indian child shall be maintained by the State in which the

placement was made, evidencing the efforts to comply

with the order of preference specified in this section. Such

record shall be made available at any time upon the

request of the Secretary or the Indian child's tribe. (Pub.

L. 95-608, title I, § 105, Nov. 8, 1978, 92 Stat. 3073.)

§ 1916. Return of custody

(a)Petition; best interests of child

Notwithstanding State law to the contrary, whenever a

final decree of adoption of an Indian child has been

vacated or set aside or the adoptive parents voluntarily

consent to the termination of their parental rights to the

child, a biological parent or prior Indian custodian may

petition for return of custody and the court shall grant

such petition unless there is a showing, in a proceeding

subject to the provisions of section 1912 of this title, that

such return of custody is not in the best interests of the

child.

(b)Removal from foster care home; placement

procedure

Whenever an Indian child is removed from a foster care

home or institution for the purpose of further foster care,

preadoptive, or adoptive placement, such placement shall

be in accordance with the provisions of this chapter,

except in the case where an Indian child is being returned

to the parent or Indian custodian from whose custody the

child was originally removed. (Pub. L. 95-608, title I, §

106, Nov. 8, 1978, 92 Stat. 3073.)

§ 1917. Tribal affiliation information and other

information for protection of rights from tribal

relationship; application of subject of adoptive

placement; disclosure by court

Upon application by an Indian individual who has reached

the age of eighteen and who was the subject of an

adoptive placement, the court which entered the final

decree shall inform such individual of the tribal affiliation,

if any, of the individual's biological parents and provide

such other information as may be necessary to protect

any rights flowing from the individual's tribal relationship.

(Pub. L. 95-608, title I, § 107, Nov. 8, 1978, 92 Stat.

3073.)

§ 1918. Reassumption of jurisdiction over child

custody proceedings

(a)Petition; suitable plan; approval by Secretary

Any Indian tribe which became subject to State

jurisdiction pursuant to the provisions of the Act of August

15, 1953 (67 Stat. 588), as amended by title IV of the Act

of April 11, 1968 (82 Stat. 73, 78), or pursuant to any

other Federal law, may reassume jurisdiction over child

custody proceedings. Before any Indian tribe may

reassume jurisdiction over Indian child custody

proceedings, such tribe shall present to the Secretary for

approval a petition to reassume such jurisdiction which

includes a suitable plan to exercise such jurisdiction.

(b)Criteria applicable to consideration by Secretary;

partial retrocession

(1) In considering the petition and feasibility of the

plan of a tribe under subsection (a) of this

section, the Secretary may consider, among

other things:

i. whether or not the tribe maintains a

membership roll or alternative provision for

clearly identifying the persons who will be

affected by the reassumption of jurisdiction

by the tribe;

ii. the size of the reservation or former

reservation area which will be affected by

retrocession and reassumption of jurisdiction

by the tribe;

iii. the population base of the tribe, or

distribution of the population in homogeneous

communities or geographic areas; and (iv)

the feasibility of the plan in cases of

multitribal occupation of a single reservation

or geographic area.

(2) In those cases where the Secretary determines

that the jurisdictional provisions of section

1911(a) of this title are not feasible, he is

authorized to accept partial retrocession which

will enable tribes to exercise referral jurisdiction

as provided in section 1911(b) of this title, or,

where appropriate, will allow them to exercise

exclusive jurisdiction as provided in section

1911(a) of this title over limited community or

geographic areas without regard for the

reservation status of the area affected.

(c)Approval of petition; publication in Federal

causes for disapproval

If the Secretary approves any petition under subsection

(a) of this section, the Secretary shall publish notice of

such approval in the Federal Register and shall notify the

affected State or States of such approval. The Indian tribe

concerned shall reassume jurisdiction sixty days after

publication in the Federal Register of notice of approval. If

the Secretary disapproves any petition under subsection

(a) of this section, the Secretary shall provide such

technical assistance as may be necessary to enable the

tribe to correct any deficiency which the Secretary

identified as a cause for disapproval.

(d)Pending actions or proceedings unaffected

Assumption of jurisdiction under this section shall not

affect any action or proceeding over which a court has

already assumed jurisdiction, except as may be provided

pursuant to any agreement under section 1919 of this

title. (Pub. L. 95-608, title I, § 108, Nov. 8, 1978, 92 Stat.

3074.)

§ 1919. Agreements between States and Indian tribes

(a)Subject coverage

States and Indian tribes are authorized to enter into

agreements with each other respecting care and custody

of Indian children and jurisdiction over child custody

proceedings, including agreements which may provide for

orderly transfer of jurisdiction on a case-by-case basis

and agreements which provide for concurrent jurisdiction

between States and Indian tribes.

(b)Revocation; notice; actions or proceedings

unaffected

Such agreements may be revoked by either party upon

one hundred and eighty days' written notice to the other

party. Such revocation shall not affect any action or

proceeding over which a court has already assumed

jurisdiction, unless the agreement provides otherwise.

(Pub. L. 95-608, title I, § 109, Nov. 8, 1978, 92 Stat.

3074.)

Section Referred to in Other Sections

This section is referred to in sections 1918, 1923 of this

title.

§ 1920. Improper removal of child from custody;

declination of jurisdiction; forthwith return of child:

danger exception

Where any petitioner in an Indian child custody

proceeding before a State court has improperly removed

the child from custody of the parent or Indian custodian or

has improperly retained custody after a visit or other

temporary relinquishment of custody, the court shall

decline jurisdiction over such petition and shall forthwith

return the child to his parent or Indian custodian unless

returning the child to his parent or custodian would

subject the child to a substantial and immediate danger or

threat of such danger.

§ 1921. Higher State or Federal standard applicable to

protect rights of parent or Indian custodian of Indian

child

In any case where State or Federal law applicable to a

child custody proceeding under State or Federal law

provides a higher standard of protection to the rights of

the parent or Indian custodian of an Indian child than the

rights provided under this subchapter, the State or

Federal court shall apply the State or Federal standard.

§ 1922. Emergency removal or placement of child;

termination; appropriate action

Nothing in this subchapter shall be construed to prevent

the emergency removal of an Indian child who is a

resident of or is domiciled on a reservation, but

temporarily located off the reservation, from his parent or

Indian custodian or the emergency placement of such

child in a foster home or institution, under applicable

State law, in order to prevent imminent physical damage

or harm to the child. The State authority, official, or

agency involved shall insure that the emergency removal

or placement terminates immediately when such removal

or placement is no longer necessary to prevent imminent

physical damage or harm to the child and shall

expeditiously initiate a child custody proceeding subject to

the provisions of this subchapter, transfer the child to the

jurisdiction of the appropriate Indian tribe, or restore the

child to the parent or Indian custodian, as may be

appropriate.

§ 1923. Effective date

None of the provisions of this subchapter, except sections

1911(a), 1918, and 1919 of this title, shall affect a

proceeding under State law for foster care placement,

termination of parental rights, preadoptive placement, or

adoptive placement which was initiated or completed prior

to one hundred and eighty days after November 8, 1978,

but shall apply to any subsequent proceeding in the same

matter or subsequent proceedings affecting the custody

or placement of the same child.

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

The Secretary is authorized to make grants to Indian

tribes and organizations in the establishment and

operation of Indian child and family service programs on

or near reservations and in the preparation and

implementation of child welfare codes. The objective of

every Indian child and family service program shall be to

prevent the breakup of Indian families and, in particular,

to insure that the permanent removal of an Indian child

from the custody of his parent or Indian custodian shall be

a last resort. Such child and family service programs may

include, but are not limited to--

(1) a system for licensing or otherwise regulating

Indian foster and adoptive homes;

(2) the operation and maintenance of facilities for the

counseling and treatment of Indian families and

for the temporary custody of Indian children;

(3) family assistance, including homemaker and

home counselors, day care, afterschool care, and

employment, recreational activities, and respite

care;

(4) home improvement programs;

(5) the employment of professional and other trained

personnel to assist the tribal court in the

disposition of domestic relations and child welfare

matters;

(6) education and training of Indians, including tribal

court judges and staff, in skills relating to child

and family assistance and service programs;

(7) a subsidy program under which Indian adoptive

children may be provided support comparable to

that for which they would be eligible as foster

children, taking into account the appropriate State

standards of support for maintenance and

medical needs; and

(8) guidance, legal representation, and advice to

Indian families involved in tribal, State, or Federal

child custody proceedings.

(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

Funds appropriated for use by the Secretary in

accordance with this section may be utilized as non-

Federal matching share in connection with funds provided

under titles IV-B and XX of the Social Security Act [42

U.S.C. 620 et seq., 1397 et seq.] or under any other

Federal financial assistance programs which contribute to

the purpose for which such funds are authorized to be

appropriated for use under this chapter. The provision or

possibility of assistance under this chapter shall not be a

basis for the denial or reduction of any assistance

otherwise authorized under titles IV-B and XX of the

Social Security Act or any other federally assisted

program. For purposes of qualifying for assistance under

a federally assisted program, licensing or approval of

foster or adoptive homes or institutions by an Indian tribe

shall be deemed equivalent to licensing or approval by a

State.

§ 1932. Grants for off-reservation programs for

additional services

The Secretary is also authorized to make grants to Indian

organizations to establish and operate off-reservation

Indian child and family service programs which may

include, but are not limited to--

(1) a system for regulating, maintaining, and

supporting Indian foster and adoptive homes,

including a subsidy program under which Indian

adoptive children may be provided support

comparable to that for which they would be

eligible as Indian foster children, taking into

account the appropriate State standards of

support for maintenance and medical needs;

(2) the operation and maintenance of facilities and

services for counseling and treatment of Indian

families and Indian foster and adoptive children;

(3) family assistance, including homemaker and

home counselors, day care, afterschool care, and

employment, recreational activities, and respite

care; and

(4) guidance, legal representation, and advice to

Indian families involved in child custody

proceedings. (Pub. L. 95-608, title II, § 202, Nov.

8, 1978, 92 Stat. 3076.)

Section Referred to in Other Sections

This section is referred to in section 1934 of this title.

§ 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

In the establishment, operation, and funding of Indian

child and family service programs, both on and off

reservation, the Secretary may enter into agreements

with the Secretary of Health and Human Services, and

the latter Secretary is hereby authorized for such

purposes to use funds appropriated for similar programs

of the Department of Health and Human Services:

Provided, That authority to make payments pursuant to

such agreements shall be effective only to the extent and

in such amounts as may be provided in advance by

appropriation Acts.

(b)Appropriation authorization under section 13 of

this title

Funds for the purposes of this chapter may be

appropriated pursuant to the provisions of section 13 of

this title. (Pub. L. 95-608, title II, § 203, Nov. 8, 1978, 92

Stat. 3076; Pub. L. 96-88, title V, § 509(b), Oct. 17, 1979,

93 Stat. 695.)

§ 1934. "Indian'' defined for certain purposes

For the purposes of sections 1932 and 1933 of this title,

the term ``Indian'' shall include persons defined in section

1603(c) of this title.

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

Any State court entering a final decree or order in any

Indian child adoptive placement after November 8, 1978,

shall provide the Secretary with a copy of such decree or

order together with such other information as may be

necessary to show--

(1) the name and tribal affiliation of the child;

(2) the names and addresses of the biological

parents;

(3) the names and addresses of the adoptive

parents; and

(4) the identity of any agency having files or

information relating to such adoptive placement.

Where the court records contain an affidavit of

the biological parent or parents that their identity

remain confidential, the court shall include such

affidavit with the other information. The Secretary

shall insure that the confidentiality of such

information is maintained and such information

shall not be subject to the Freedom of Information

Act (5 U.S.C. 552), as amended.

(b)Disclosure of information for enrollment of Indian

child in tribe or for determination of member rights or

benefits; certification of entitlement to enrollment

Upon the request of the adopted Indian child over the age

of eighteen, the adoptive or foster parents of an Indian

child, or an Indian tribe, the Secretary shall disclose such

information as may be necessary for the enrollment of an

Indian child in the tribe in which the child may be eligible

for enrollment or for determining any rights or benefits

associated with that membership. Where the documents

relating to such child contain an affidavit from the

biological parent or parents requesting anonymity, the

Secretary shall certify to the Indian child's tribe, where the

information warrants, that the child's parentage and other

circumstances of birth entitle the child to enrollment under

the criteria established by such tribe.

§ 1952. Rules and regulations

Within one hundred and eighty days after November 8,

1978, the Secretary shall promulgate such rules and

regulations as may be necessary to carry out the

provisions of this chapter.

Subchapter IV

Miscellaneous Provisions

§ 1962. 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. (Pub. L. 95-608, title IV, § 401, Nov.

8, 1978, 92 Stat. 3078; Pub. L. 96-88, title V, § 509(b),

Oct. 17, 1979, 93 Stat. 695.)

§ 1962. Copies to the States

Within sixty days after November 8, 1978, the Secretary

shall send to the Governor, chief justice of the highest

court of appeal, and the attorney general of each State a

copy of this chapter, together with committee reports and

an explanation of the provisions of this chapter.

§ 1963. Severability

If any provision of this chapter or the applicability thereof

is held invalid, the remaining provisions of this chapter

shall not be affected thereby.