25-U.S.C.-1915
§1915 – Placement of Indian Children
Pathway
Title 25 > Chapter 21 > Subchapter I > Section 1915
Details
- Reference: Section 1915
- Legend: §1915 – Placement of Indian Children
- USCode Year: 2013
Provision Content
(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 childs extended family; (2) other members of the Indian childs 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 childs extended family;
(ii) a foster home licensed, approved, or specified by the Indian childs 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 childs 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 childs 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 childs tribe.
(Pub. L. 95–608, title I, §105, Nov. 8, 1978, 92 Stat. 3073.)
U.S. Encyclopedia of Law Coverage
25-U.S.C.-1914 in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-1914, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
Title 25 – Indians in the Legal Encyclopedia: Indian Child Welfare
In this entry about Title 25 – Indians, find legal reference material, bibliographies and premiere content related to indian child welfare in the American Encyclopedia of Law, presenting a comprehensive view of the United States indian child welfare-specific issues, written by authorities in the field.
Part B – Assistance For Women, Children, and Families in the Legal Encyclopedia: Children
In this entry about Part B – Assistance For Women, Children, and Families, find legal reference material, bibliographies and premiere content related to children in the American Encyclopedia of Law, presenting a comprehensive view of the United States children-specific issues, written by authorities in the field.
Leave a Reply