§ 1918. — Reassumption of jurisdiction over child custody proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1918]
TITLE 25--INDIANS
CHAPTER 21--INDIAN CHILD WELFARE
SUBCHAPTER I--CHILD CUSTODY PROCEEDINGS
Sec. 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 Register; notice;
reassumption period; correction of 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, Sec. 108, Nov. 8, 1978, 92 Stat. 3074.)
References in Text
Act of August 15, 1953, referred to in subsec. (a), is act Aug. 15,
1953, ch. 505, 67 Stat. 588, as amended, which enacted section 1162 of
Title 18, Crimes and Criminal Procedure, section 1360 of Title 28,
Judiciary and Judicial Procedure, and provisions set out as notes under
section 1360 of Title 28. For complete classification of this Act to the
Code, see Tables.
Section Referred to in Other Sections
This section is referred to in sections 1727, 1923 of this title.
