
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1912]

 
                            TITLE 25--INDIANS
 
                    CHAPTER 21--INDIAN CHILD WELFARE
 
                 SUBCHAPTER I--CHILD CUSTODY PROCEEDINGS
 
Sec. 1912. Pending court proceedings


(a) Notice; time for commencement of proceedings; additional time for 
        preparation

    In any involuntary proceeding 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 shall 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, such notice shall be given to the Secretary in 
like manner, who shall have fifteen days after receipt to provide the 
requisite notice to the parent or Indian 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) Appointment of counsel

    In any case in which the court determines indigency, the parent or 
Indian custodian shall have the right to court-appointed 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. Where State law makes 
no provision for appointment of counsel in such proceedings, the court 
shall promptly notify the Secretary upon appointment of counsel, and the 
Secretary, upon certification of the presiding judge, shall pay 
reasonable fees and expenses out of funds which may be appropriated 
pursuant to section 13 of this title.

(c) Examination of reports or other documents

    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) Remedial services and rehabilitative programs; preventive measures

    Any party seeking to effect a foster care placement of, or 
termination of parental rights to, an Indian child under State law shall 
satisfy the court that active efforts have been made to provide remedial 
services and rehabilitative programs designed to prevent the breakup of 
the Indian family and that these efforts have proved unsuccessful.

(e) Foster care placement orders; evidence; determination of damage to 
        child

    No foster care placement may be ordered in such proceeding in the 
absence of a determination, supported by clear and convincing evidence, 
including 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 physical damage to the child.

(f) Parental rights termination orders; evidence; determination of 
        damage to child

    No termination of parental rights may be ordered in such proceeding 
in the absence of a determination, supported by evidence beyond a 
reasonable doubt, including 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 physical damage to 
the child.

(Pub. L. 95-608, title I, Sec. 102, Nov. 8, 1978, 92 Stat. 3071.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1914, 1916 of this title.
