25 U.S.C. § 1915 : US Code - Section 1915: Placement of Indian children

Search 25 U.S.C. § 1915 : US Code - Section 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.