§ 1901. — Congressional findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1901]
TITLE 25--INDIANS
CHAPTER 21--INDIAN CHILD WELFARE
Sec. 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 authority, Congress has plenary power over
Indian affairs;
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\1\ So in original. Probably should be capitalized.
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(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, Sec. 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'.''
