25 U.S.C. § 1916 : US Code - Section 1916: Return of custody

Search 25 U.S.C. § 1916 : US Code - Section 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.