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25 U.S.C.A. § 1902
United States Code Annotated
Title 25. Indians
Chapter 21. Indian Child Welfare (Refs & Annos)
§
1902. Congressional declaration of policy
The Congress hereby declares that it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture, and by providing for assistance to Indian tribes in the operation of child and family service programs.
CREDIT(S)
(Pub.L. 95-608, § 3, Nov. 8, 1978, 92 Stat. 3069.)
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1978 Acts. House Report No. 95-1386, see 1978 U.S. Code Cong. and Adm. News, p. 7530.
LAW REVIEW COMMENTARIES
Indian Child Welfare Act: Guiding the determination of good cause to depart from the statutory placement preferences. 70 Wash.L.Rev. 1151 (1995).
LIBRARY REFERENCES
American Digest System
Indians
6(2),
32(11).
Key Number System Topic No. 209.
RESEARCH REFERENCES
ALR Library
103 ALR 5th 255, Restricting Access to Judicial Records of Concluded Adoption Proceedings.
Encyclopedias
2 Am. Jur. 2d Adoption § 119, Requirements Under Indian Child Welfare Act.
2 Am. Jur. 2d Adoption § 136, Welfare and "Best Interests" of Child, Generally.
NOTES OF DECISIONS
Administrative opinions and guidelines 6
Adoption proceedings 9
Construction 1
Custody disputes 8
Incompetence or brutality of parents 7
Policy 3
Preservation of children's ties to Indian values 4
Purpose 2
State regulation or control 5
1. Construction
Rule that court had to give effect
to clear language of statute was not altered by fact that Congress included
express legislative findings and policy statement in ICWA, policy statement
was available for clarification of ambiguous provisions of statute, but
could not be used to create ambiguity. In re Adoption of S.S., Ill.App.
2 Dist.1993, 622 N.E.2d 832, 190 Ill.Dec. 802, 252 Ill.App.3d 33, appeal
allowed 631 N.E.2d 709, 197 Ill.Dec. 487, 154 Ill.2d 560, reversed 657
N.E.2d 935, 212 Ill.Dec. 590, 167 Ill.2d 250, certiorari denied 116 S.Ct.
1320, 517 U.S. 1104, 134 L.Ed.2d 472. Statutes 190;
Statutes 211
2. Purpose
One of the Congressional purposes
in adopting the Indian Child Welfare Act was to prevent the breakup of
the Indian family. Matter of D.S., Ind.1991, 577 N.E.2d 572. Indians
6.3(2)
Principal purpose of federal Indian
Child Welfare Act is to protect stability of Indian tribes by preventing
adoption of Indian children by non-Indians where placement in Indian families
is possible. Matter of Baby Girl Doe, Mont.1993, 865 P.2d 1090,
262 Mont. 380. Indians 6.3(2)
Purpose of Indian Child Welfare
Act [Indian Child Welfare Act of 1978, §§ 2- 403, 25 U.S.C.A.
§§ 1901-1963] is to promote best interest of Indian children
through promoting stability and security of Indian tribes and families
by establishment of minimum federal standards for removal of Indian children
from their families. Matter of Adoption of D.M.J., Okla.1985, 741
P.2d 1386. Indians 6.3(2)
In enacting this chapter, Congress
was concerned with protecting best interests of Indian children and promoting
stability and security of Indian tribes and families.
A. B. M. v. M. H., Alaska 1982, 651 P.2d 1170, certiorari denied
103 S.Ct. 1893, 461 U.S. 914, 77 L.Ed.2d 283. Indians 6.3(2)
3. Policy
Indian Child Welfare Act restricts
removal of Indian children from an existing Indian family unit and resultant
breakup of Indian family. C.E.H. v. L.M.W., Mo.App. W.D.1992, 837
S.W.2d 947, rehearing and/or transfer denied. Indians 6.5
4. Preservation of children's ties to Indian values
Judicial exception to coverage
of this chapter could not be made solely on basis that application of
this chapter in case at bar was not required to preserve child's ties
to Indian cultural or social values. A. B. M. v. M. H., Alaska 1982,
651 P.2d 1170, certiorari denied 103 S.Ct. 1893, 461 U.S. 914, 77 L.Ed.2d
283. Indians 6.3(2)
5. State regulation or control
This chapter does not violate
compact with the United States provision of the South
Dakota Constitution. Matter of Guardianship of D. L. L., S.D.1980,
291 N.W.2d 278. Indians 6.3(3)
Proceedings concerning any child
who appears to be child in need of care is governed by code for care of
children, except in those instances when Indian Child Welfare Act applies.
In Interest of H.D., Kan.App.1986, 729 P.2d 1234, 11 Kan.App.2d
531. Indians 6.6(1);
Infants 132
6. Administrative opinions and guidelines
Although federal guidelines promulgated
pursuant to Indian Child Welfare Act and intended for use by state courts
in Indian child custody proceedings are not binding on state courts, they
are entitled to great weight as administrative interpretation of a statute.
In re Kahlen W., Cal.App. 5 Dist.1991, 285 Cal.Rptr. 507, 233 Cal.App.3d
1414. Statutes 219(6.1)
Guidelines published by Department
of the Interior for state courts to follow in Indian child custody proceedings
do not have same legislative effect as regulations, but they do represent
the Department's interpretation of this chapter. Matter of J. L.
H., S.D.1980, 299 N.W.2d 812. Indians 6.6(1)
7. Incompetence or brutality of parents
This chapter principally applies
to cases where a state court or agency attempts to remove an Indian child
from his or her Indian home on grounds of alleged incompetence or brutality
of parents. Matter of Adoption of Baby Boy L., Kan.1982, 643 P.2d
168, 231 Kan. 199. Indians 6.6(1)
8. Custody disputes
Child custody dispute involving
non-Indian mother and Indian paternal grandparents did not fall within
ambit of this chapter, which was not directed at disputes between Indian
families regarding custody of Indian children but which was to preserve
Indian culture values under circumstances in which Indian child is placed
in foster home or other protected institution. Application of Bertelson,
Mont.1980, 617 P.2d 121, 189 Mont. 524. Indians 27(2)
9. Adoption proceedings
This chapter, by its own terms,
did not apply to adoption proceeding involving non-Indian mother's illegitimate
child, who had never been in care or custody of putative father, a five-eighths
Kiowa Indian, in that issue of preservation of
Indian family was not involved as child had never been a part of any Indian
family relationship. Matter of Adoption of Baby Boy L., Kan.1982,
643 P.2d 168, 231 Kan. 199. Indians 6.10
25 U.S.C.A. § 1902, 25 USCA § 1902
Approved 07-28-05