
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.)
