To eatablish standards for the placement of Indian children in foster or adoptive 8l 1978

PUBLIC LAW 95-608-NOV. 8, 1978 92 STAT. 3069
Public Law 95-608
95th Congress
An Act
To eatablish standards for the placement of Indian children in foster or adoptive 8l 1978
Iiomes, to prevent the breakup of Iudian families, and for other purposes. [S. 12141
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
he cited as the "Indian Child Welfare ,4ct of 1978".
SEC. 2. 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" and, through this
and other constitutional authority, Congress has plenary power
over Indian affairs;
(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 n-110 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.
SEC. 3. The Congress hereby declares that it is the policy of this
Nation to protect the best interests of Indian children and to promote
the stability and security of Indian tribes and families by the establishment
of minimum Federal standards for the removal of Indian
children from their families and the placement of such children in
foster or adoptive homes which will reflect the unique values of Indian
culture, and by providing for assistance to Indian tribes in the operation
of child and family service programs.
SEC. 4. For the purposes of this Act, except as may be specifically
provided otherwise, the term-
(1) "child custody proceeding" shall mean and include-
(i) "foster care placement" which shall mean any action
removing an 'Indian child from its parent or Indian custodian
for temporary pla~ement in a foster home or institution or
the home of a guardian or conservator where the parent or
Indian custodian cannot have the child returned upon
demand, but where parental rights have not been terminated ;
Indian Child
Welfare Act of
1978.
25 USC 1901
note.
25 USC 1901.
Congress
responsibility for
protection of
Indians.
25 USC 1902.
Definitions.
25 USC 1903.
92 STAT. 3070 PUBLIC LAW 95-608-NOV 8, 1978
(ii) %ermination of parental rights" which shall mean any
action resulting in the termination of the parent-child
relationship ;
(iii) L'preadoptive placement" which shall mean the temporary
placement of an Indian child in a foster home or
institution after the termination of parental rights, but prior
to or in lieu of adoptive placement; and
(iv) "adoptive placenient" which shall mean the permanent
placement of an Indian child for adoption, including any action
resulting in a h a 1 decree of adoption.
Such term or terms shall not include a placement based upon an
act which, if committed by an adult. would be deemed a crime or
upon an award, in a divorce proceeding, of custody to one of the
parents.
(2) "extended family member" shall be as defined by the law or
custom of the Indian child's tribe or, in the absence of such law
or custom, shall be a person w$o has reached the age of eighteen
and who is the Indian child's grandparent, aunt or uncle,
brother or sister, brother-in-law or sister-in-law, niece or nephew,
first or second cousin, or stepparent;
(3) "Indian" means any person who is a member of an Indian
tribe, or who is an Alaska Na,tive and a member of a Regional
43 USC 1606. Co oration as defined in section 7 of the Alaska Native Claims
sezement ~ c(8t5 S tat. 688,689) ;
(4) "Indian child" means any unmarried person who is under
age eighteen and is either (a) a member of an Indian tribe or (b)
is eligible for membership in an Indian tribe and is the biological
child of a member of an Indian tribe ;
( 5 ) "Indian child's tribe" means (a) the Indian tribe in which
an Indian child is a member or eligible for membership or (b),
in the case of an Indian child who is a member of or eligible for
membership in more than one tribe, the Indian tribe with which
the Indian child has the more significant contacts;
(6) "Indian custodian" means any Intlian person who has legal
custody of an Indian child under tribal law or custom or under
State law or to whom temporary physical care, custody, and control
has been transferred by the parent of such child ;
(7) "Indian organization" means any group, association,
partnership, corporation, or other legal entitv owned or controlled
by Indians, or a majority of whose members are Indians;
(8) "Indian tribe" means any Indian tribe, band, nation. or
other organized group or community of Indians recognized as
eligible for the services provided to Indians by the Secretary
because of their status as Indians, including any Alaska Native
43 USC 1602. village as defined in section 3(c) of the Alaska Native Claims
Settlement Act (85 Stat. 688, 689), as amended;
(9) "parent" means any biological parent or parents of an
Indian child or any .Indian person who has lawfullp adopted an
Indian child, includmg adoptions under tribal law or custom. It
does not include the unwed father where paternity has not been
acknowledged or established ;
(10) "reservation" means Indian country as defined in section
1151 of title 18, United States Code and any Iands, not covered
under such section, title to which is either held by the United
States in trust for the benefit of any Indian tribe or individual or
held by any Indian tribe or individual subject to a restriction by
the United States against alienation ;
PUBLIC LAW 95-608-NOV. 8, 1978
(11) "Secretary" means the Secretary of the Interior; and
(19) "tribal court" means a court with jurisdiction over child
custody proceedings and which is either a Court of Indian
Offenses, a court established and operated under the code or
custon~o f an Indian tribe, or any other adnlinistrative body of a
t.ribe which is vested with authority over child custody
proceedings.
TITLE I-CHILI) CUSTODY 1'ROCEEL)lSGS
SEC1. 01. ( a ) An Indian tribe shall have jurisdiction exclusive as to
any State over any child custody proceeding involving an Indian child
who resides or is domiciled within the reservation of ~ u c thri be, except
where such jurisdiction is otherwise vested in the State by existing
Federal law. Where an Indian child is a ward of a tribal court, the
Indian tribe shall retain exclusive jurisdiction, notwithstanding the
residence or domicile of the child.
(b) In any State court proceeding for the foster care placement of,
or termination of parental rights to, an Indian child not domiciled or
residing within the reservation of the Indian child's tribe, the court, in
the absence of good cause to the contrary, shall transfer such proceeding
to the jurisdiction of the tribe, absent objection by either parent,
upon the petition of either parent or the Indian custod~an or the
Indian child's tribe : Pro ~ idedT, hat such transfer shall be subject 'to
declination by the tribal court of such tribe.
(c) In any State court proceeding for the foster care placement of,
or termination of parental rights to, an Indian child, the lndian
custodian of the child and the 'Indian child's tribe shall have a right to
intervene at any point in the proceeding.
(d) The United States, every State, every territory or possession of
the United States, and every Indian tribe shall give fidl faith and
credit to the public acts, records, and judicial proceedings of any
Indian tribe applicable to Indian child custody proceedings to the
same extent that such entities give full faith and credit to the public
acts, records, and judicial proceedings of any other entity.
SEC1. 02. ( a ) I n any involl~ntaryp roceeding in a State court, where
the court knows or has reason to know that an Indian child is involved.
the party seeking the foster care placement of, or termination of
parental rights to, an Indian child ?hall notify the parent or Indian
custodian and the Indian child's tribe, by registered mail with return
receipt requested, of the pending proceedings and of their right of
intervention. If the identity or location of the parent. or Indian
custodian and the tribe cannot be determined, sllch notice shall be given
to the Secretary in like manner, who shall have fifteen days after
receipt to provide the requisite notice to the p a ~ wo~rt I ndian custodian
and the tribe. No foster care placement or termination of parental
rights proceeding shall be held until at least ten days after receipt of
notice by the parent or Indian custodian and the tribe or the Secretary :
Provided, That the parent or Indian custodian or the tribe shall, upon
request, be granted up to twenty additional days to prepare for such
proceeding.
(b) In any case in which the court determines indig?ncp, the parent
or Indian custodian shall have the right to court-appomted counsel in
any removal, placement, or termination proceeding. The court may, in
its discretion, appoint counsel for the child upon a finding that such
appointment is in the best interest of the child. T1'here State law makes
no provision for appointment of counsel in such proceedings, the court
92 STAT. 3071
Indian tribes,
exclusive
jurisdiction over
Indian child
custody
proceedings.
25 USC 1911.
Foster care
placement, court
proceedings.
25 USC 1912.
92 STAT. 3072 PUBLIC LAW 95-608-NOV. 8, 1978
shall promptly notify tlu: 8ecrc.tary upon appointnient of ~ounsela, nd
the Secretary, upon certification of the presiding judge, shall pay
reasonable: fees and expenses out of funds which may he app~opriated
pursuant to the Act of Soven~be2r ,1921 (42 Stat. 208; 25 U.S.C. 13).
(c) Each party to a foster care placement or termination of parental
rights proceeding under State law involving an Indian child shall have
the right to examine all reports or other documents filed with the court
upon which any decision with respect to such action may be based.
(d) Any party seeking to effect a foster care placement of, or termination
of parental rights to, an Indian child under State law shall
satisfy t h ( ~co urt that active efforts have been made to provide remedial
services and rehabilitative programs designed to prevent the brealrnp
of the Indian family and that these efforts have proved unsuccessful.
(e) No fcstrr care placement may be ordered in such proceeding in
the absence of a detrrniination, supported loy clear and convincing
evidence, inclutling testimony of qualified expert witnesses, that the
continued custody of the child by the parent or Indian custodian is
likely to result. in serious emotional or pllysical damage to the child.
(f) So termination of parental rights may be ordered in such
roceeding in the absrnce of a determination, supported bv evidence
Feyond a reasonable doubt? including testimony of qualified ilxpert
witnesses, that the continued custody of the child b.y the parent or
Indian custodian is likely to result in serious emotional or physical
damage to the child.
Parental rights, SEC. 10:;. (a) Where any parent or Indian custodian voluntarily
voluntary consents to a foster care placement or to termination of parental rights.
termination. such consent shall not be valid unless executed in writing and recorded
25 1913. before a judge of a court of competent jurisdiction and accompanied by
the presiding judge's certificate that the terms and consequences of the
consent were fully explained in detail and were fully understood b ~ -
the parent or Indian custodian. The court shall also certify that either
the parent or Indian custodian fully understood the explanation in
English or that. it was interpreted into a language that the parent or
Tndian custodian understood. Any consent given prior to, or withln
ten days afte'r. birth of the Indian child shall not be valid.
(b) Any parent or Tndian custodian may withdraw consent to a
foster care placement under State law at any time and, upon such
withdrawal, the child shall be returned to t h ~pa rent or Indian
custodian.
(c) Tn any voluntary proceeding for termination of parental rights
to, or adoptive placement of. an Indian child, the consent of the parent
may be withdrawn for any reason at any time prior to the entry of a
final decree of termination or adoption. as the case may be, and the
child shall be returned to the parent.
(d) After the entry of a final decree of adoption of an Indian child
in any State court, the parent may withdraw consent thereto upon the
grounds Chat consent was obtained through fraud or duress and may
petition the court to vacate such decree. Upon a finding that such
consent was obtained through fraud or duress, the court shall vacate
such decree and return the child to the parent. No adoption vchich
has been effective for at least two years may be invalidated under the
provisions of this subsection unless otherwise permitted under State
lam.
25 USC 1914. SEC. 104. Any Indian child who is the subject of any action for foster
care placement or termination of parental rights under State law, any
parent or Indian custodian from whose custody such child was
removed, and the Indian child's tribe may petition any court of comPUBLIC
LAW 95-608-NOV. 8, 1978
petent jurisdiction to invalidate such action upon a showing that such
action violated any provision of sections 101, 102, and 103 of this Act.
SEC1, 05. (a) I n any adoptive placement of an Indian child under
State lam, 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) 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 imtitution for children approred by an Indian tribe
or operated by an Indian organization which has a program suitable
to meet the Indian child's needs.
(c) 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 appro riate, the preference of
the Indian child or parent shall be considere CY : 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) 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) 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.
SEC. 106. (a) Xot~ithstanding State law to the contrary, whenever
a final decree of adoption of an Indian child has been vacated or
set aside or the adoptive parents voluntarily consent to the termination
of their parental rights to the child, a biological parent or prior Indian
custodian may petition for return of custody and the court shall grant
such petition unless there is a showing, in a proceeding subject to the
provisions of section 102 of this Act, that such return of custody is
not in the best interests of the child.
(b) Whenever an Indian child is removed from a foster care home
or institution for the purpose of further foster care, preadoptive, or
adoptive placement, such placement shall be in accordance with the
provisions of this Act, except in the case where an Indian child is
being returned to the parent or Indian custodian from whose custody
the child was originally removed.
SEC1. 07. Upon application by an Indian individual who has reached
the age of eighteen and who was the subject of an adoptive placement,
92 STAT. 3073
Adoptive
placement of
Indian children.
25 USC 1915.
Petition, return of
custody.
25 USC 1916.
Removal from
foster care home.
25 USC 1917.
92 STAT. 3074 PUBLIC LAW 95-608-NOV. 8, 1978
Reassumption,
jurisdiction over
child custody
proceedings.
25 USC 1918.
18 USC orec.
1151 noie.
25 USC 1321.
28 USC 1360
note.
States and Indian
tribes,
agreements.
25 USC 1919.
the court which entered the final decree shall inform such individual
of the trilbal affiliation, if any, of the individual's biological parents
and provide. such other information as may be necessary to protect
any rights flowing from the individual's tribal relationship.
SEC. 108. (a) Any Indian tribe which became subject to State jurisdiction
pursuant to the provisions of the Ad of August 15, 1953 (67
Stat. 588), as amended by title IV of the .kt 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 iurisdiction which includes a suitable plan to exercise such
jurisdktion.
(b) (1) In considering the petition and feasibility of the plan of a
tribe under subsection ( a ) , the Secretary may consider, amon-g other
things :
(i) vchether ,or not the tribe maintains a membership roll or
alternative provision for clearly identifying the persons who
\ d l 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 dist,ribution of the
poplilation in hon~oge~~eocuoms munities or geographic areas;
and
(i\-) the feasibility of the plan in cases of multitribal owupntion
of a single reservation or geographic area.
(2) In those cases where the Secretary determines that the jurisdictional
provisions of section 101(a) of this Act are not feasible, he is
authorized to accept partial retrocession which will enable tribes
to exercise referral jurisdiction as provided in section 101 (b) of this
Art. or. where appropriate, will allow them to exercise exclusive jurisdict.
ion as provided in section 101 (a) over limited community or geographic
areas without regard for the reservation status of the area
affected.
(c) If the Secretary approves any petition under subsection (a),
the Secretary shall pubIish 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 FederaI Register of notice of approval. If the Secretary
disapproves any petition under subsection (a), the Secretarv shall
provide such technical assistance as mav be necessary to enable the
tribe to correct any deficiency which the Secretary identified as a cause
for disapproval.
(d) Assumption of jurisd,iction under this section shall not affect
any action or proceeding over which a court has already assumed jurisdiction,
esce t as may be provided pursuant to any agreement under
section 109 ohhis Act.
SEC. 109. (a) States and Indian tribes are authorized to enter into
agreements with each other respecting care and custody of Indian
children and jurisdiction over child custody proceedings, including
agreements which may provide for orderly transfer of jurisdiction on
a case-by-case basis and agreements which provide for concurrent
jurisdict'ion betmen States and Indian tribes.
(b) Such agreements may be revoked by either party upon one
hundred and eighty days' written notice to the other party. Such
PUBLIC LAW 95-608-NOV. 8, 1978 92 STAT. 3075
revocation shall not affect any action or proceeding over which a court
has already assumed jurisdiction, unless the agreement provides
otherwise.
SEC. 110. Where any petitioner in an Indian child custody proceeding
before a State court has improperly removed the child from
custody of the parent or Indian custodian or has improperly retained
custody after a visit or other temporary relinquishment of custody,
the court shall decline jurisdiction over such petition and shall forthwith
return the child to his parent or Indian cust,odian unless returning
the child to his parent or custodian would subject the child to a
substantial and inimediate danger or threat of such danger.
SEC. 111. In any case where State or Federal law applicable to a
child custody proceeding under State or Federal law provides a
higher standard of protection to the rights of the parent or Indian
custodian of an Indian child than the rights provided under this
title, . the - State or Federal court shall apply the State or Federal
standard.
SEC1.1 2. Sothing in this title shall be construed to prevent the emergency
removal of an Indian child who is a resident of or is domiciled
on a reaervation, but temporarily located off the reservation, from his
parent or Indian custodian or the emergency placement of such child
in a foster ho~ne or institution, under applicable State law, in order
to prevent imminent physical damage or harm to the child. The State
authority, official, or agency involved shall insure that the emergency
removal or placement terminates immediately when such removal
or placement is no longer necessary to prevent imminent physical
damage or harm to the child and shall expeditiously initiate a child
custody proceeding subject to the provisions of this title, transfer
the child to the jurisdiction of the appropriate Indian tribe, or restore
the child to the parent or Indian custodian, as may be appropriate.
SEC1.1 3. None of the provisions of this title, except sections 101( a),
108, and 109, shall affect a proceeding under State law for foster care
placement, termination of parental rights, preadoptive placement, or
adoptive placement which was initiated or completed prior to one
hundred and eight,y days after the enactment of this Act, but shall
apply to any subsequent proceeding in the same matter or subsequent,
proceedings affecting the custody or placement of the same child.
TITLE II-IXDIAIV CHILD AND FAMILY PROGRAMS
SEC2. 01. (a) The Secretary is authorized to make grants to Indian
tribes and organizations in the establishment and operation of Indian
child and family service programs on or near reservations and in the
preparation and implementation of child welfare codes. The objective
of every Indian child and family service program shall be to prevent
the breakup of Indian families and, in particular, to insure that the
permanent removal of an Indian child from the custody of his parent
or Indian custodian shall be a last resort. Such child and family
service programs may include, but are not limited to-
(1) a system for licensing or otherwise regulating Indian foster
and adoptive homes ;
(2) the operation and ,maintenance of facilities for the counseling
and treatment of Indian families and for the temporary custody
of Indian children ;
Improper
removal of child
from custody.
25 USC 1920.
25 USC 1921.
Emergency
removal of child.
25 USC 1922.
Effective date.
25 USC 1923.
25 USC 1931.
92 STAT. 3076 PUBLIC LAW 95-608-NOV. 8, 1978
(3) family assistaace,, including honlemaker and home cot111-
selors, day care, afterschool care, and employment, recreational
xtivities, and respite care;
(4) home im rovement programs;
(5) the emp f' oyment of professional and other trained personnel
to assist the tribal court in the disposition of domestic relations
and child elfar are matters ;
(6) educakion and t,raining of Indians, including tribal court
judges and staff, in skills relating to child and family assistance
and service programs ;
(7) a subsidy program under which Indian adoptive children
lnay be provided support comparable to that for which they would
be eligible as foster children, taking into account the appropriate
State standards of support for maintenance and medical needs;
and
(8) guidance, legal representation, and advice to Indian families
involved in tribal, State, or Federal child custody proceedings.
(b) Funds appropriated for use by the Secretary in accordance with
this section may be utilized as non-Federal matching share in connec-
42 usc 620, tion with funds provided under titles IV-B and XX of the Social
1397. Security Act or under any other Federal financial assistance programs
which contribute to the purpose for which such funds are authorized
to be appropriated for use under this Act. The provision or possibility
of assistance under this Act shall not be a basis for the denial or reduction
of any assistance otherwise authorized under titles IV-B and XX
of the Social Security Act or any other federally assisted program.
For purposes of qualifying for assistance under a federally assisted
program, licensing or approval of foster or adoptive homes or institutions
by an Indian tribe shall be deemed equivalent to licensing or
approval by a State.
Additional SEC2. 02. The Secretary is also authorized to make grants to Indian
services. organizations to establish and operate off -reservation Indian child and
25 USC 1932. family service programs which may include, but are not limited to-
(1) a system for regulating, maintaining, and supporting
Indian foster and adoptive homes, includin a subsidy program
under which Indian adoptive children may%, provided support
comparable to that for which they would be eligible as Indian
foster children, taking into account the appropriate State standards
of support for maintenance and medical needs;
(2) the operation and maintenance of facilities and services for
counseling and treatment of Indian families and Indian foster
and adoptive chiIdren ;
(3) family assistance, including homemaker and home counselors,
day care, afterschool care, and employment, recreational
activities, and respite care ; and
(4) guidance, legal representation, and advice to Indian families
involved in child custody proceedings.
Funds. SEC2. 03. (a) In the establishment, operation, and funding of Indian
25 USC 1933. child and famiIy service programs, bath on and off reservation, the
Secretary may enter into agreements with the Secretary of Health,
Education, and Welfare, and the latter Secretary is hereby authorized
for such purposes to use funds appropriated for similar programs of
the Department of HeaIth, Education, and Welfare : Proaided, That
authority to make payments pursuant to such agreements shall be effective
only to the extent and in such amounts as ,may be provided in
advance by appropriation Acts.
PUBLIC LAW 95-608-NOV. 8, 1978 92 STAT. 3077
(b) Funds for the purposes of this Act may be appropriated pursuant
to the provisions of the Act of November 2,1921 (42 Stat. 208), 25 USC 13.
as amended.
SEC.2 04. For the purposes of sections 202 and 203 of this title, the 25 USC 1934.
term L'Indian" shall include persons defined in section 4(c) of the
Indian Health Care Improvement Act of 1976 (90 Stat. 1400, 1401). 25 USC 1603.
TITLE 111-RECORDKEEPING, INFORMATION
AVAILABILITY, AND TIMETABLES
SEC. 301. (a) Any State court entering a final decree or order in any Final decree,
Indian child adoptive placement after the date of enactment of this information to be
Act shall provide the Secretary with a copy of such decree or order
together with such other information as may be necessary to show- 25 19''-
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. 55-2), as amended.
(b) 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 ma -
be necessary for the enrollment of an Indian child in the tribe in whici
the child mag be eligible for enrollment or for determining any rights
or benefits associated with ?hat 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.
SEC3.0 2. Within one hundred and eighty days after the enactment of Effective date.
this Act the Secretary shall promulgate such rules and regulations Rules and
as may be necessary to carry out the provisions of this Act. regulations.
25 USC 1952.
92 STAT. 3078 PUBLIC LAW 95-608-NOV. 8, 1978
Day schools.
25 USC 1961.
Report to
congressional
committees.
Copies to each
State.
25 USC 1962.
25 USC 1963.
TITLE IV-MISCEI~LANEOUS
SEC4.0 1. (a) I t is the sense of Congress that the abseme of locally
convenient day schools may contribute to the breakup of Indian
families.
(b) The Secretary js authorized aud directed to prepare, in consultation
with appropriate agencies in the Department of Health, Education,
and Welfare, N. report 011 the feasibility of providing Inclian
children with schools located near their homes, and to submit such
report to the Select Committee on Indian Affairs of the United States
Senate and the Committee on Interior and Insular Affairs of the
United States House of Kepresentatives within tvvo years from the
date of this Act. In developing this report the Secretary shall give
particular consideration to the provision of educational f:tcilities for
children in the e1ernent:~ryg rades.
SEC. 402. Within sixty days after enactment of this Act, the Secretary
shall send to the Governor: chief justice of the highest court of
appeal, and the attorney general of each State a copy of this Act,
together with conunittee reports and an esplanation of the provisions
of this Act.
SEC. 403. If any provision of this Act or the applicability thereof
is held invalid, the remaining provisions of this Act shall not be affected
thereby.
Approved November 8, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95-1386 accompanying H.R. 12533 (Comm. on Interior and
Insular Affaird.
SENATE REPORT No. 95-597 ( ~ ommo.n Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1978): Nov. 4, considered and passed Senate.
Vol. 124 (1978): Oct. 14, H.R. 12533 considered and passed House; passage
vacated, and S. 1214, amended, passed in lieu.
Oct. 15, Senate concurred in House amendments.