§ 1915. — Placement of Indian children.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1915]
TITLE 25--INDIANS
CHAPTER 21--INDIAN CHILD WELFARE
SUBCHAPTER I--CHILD CUSTODY PROCEEDINGS
Sec. 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, Sec. 105, Nov. 8, 1978, 92 Stat. 3073.)
