25 U.S.C. § 1912 : US Code - Section 1912: Pending court proceedings

Search 25 U.S.C. § 1912 : US Code - Section 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.