
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: 25USC1916]

 
                            TITLE 25--INDIANS
 
                    CHAPTER 21--INDIAN CHILD WELFARE
 
                 SUBCHAPTER I--CHILD CUSTODY PROCEEDINGS
 
Sec. 1916. Return of custody


(a) Petition; best interests of child

    Notwithstanding 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 1912 of this title, that such return of custody is 
not in the best interests of the child.

(b) Removal from foster care home; placement procedure

    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 chapter, 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.

(Pub. L. 95-608, title I, Sec. 106, Nov. 8, 1978, 92 Stat. 3073.)
