§ 1951. — Information availability to and disclosure by Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1951]
TITLE 25--INDIANS
CHAPTER 21--INDIAN CHILD WELFARE
SUBCHAPTER III--RECORDKEEPING, INFORMATION AVAILABILITY, AND TIMETABLES
Sec. 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.
(Pub. L. 95-608, title III, Sec. 301, Nov. 8, 1978, 92 Stat. 3077.)
