legislation: 94-s-3777
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 94-s-3777 | 94 | s | 3777 | Indian Child Welfare Act | Native Americans | 1976-08-27 | 1976-08-27 | Referred to Senate Committee on Interior and Insular Affairs. | Senate | Sen. Abourezk, James [D-SD] | SD | D | A000017 | 0 | Indian Child Welfare Act - Title I: Child Placement Standards - Makes provisions governing the validity of Indian child placement including: (1) that such placement is made pursuant to an order of a tribal court or where there is no such court that the Indian tribe be accorded 30 days notice of such proceeding and the right to intervene as an interested party; (2) that there be overwhelming evidence, including professional testimony, that the continued custody of the child would result in serious physical or emotional damage to the child where there is parental or blood guardian opposition to the loss of custody; and (3) that the voluntariness or consent to the loss of custody be certified by the witnessing judge. States that these provisions shall not effect temporary placements under circumstances where the physical or emotional well-being of the child is immediately threatened. Requires every nontribal government agency to grant a preference to members of the child's extended Indian family when such child is being offered for adoption. States that, absent good cause shown to the contrary, a nontribal government agency must follow the order of preferences stated in this Act. Grants continuing jurisdiction to a tribal court over child placement where the child has not attained the age of 18 and has been placed in a home or institution outside of the reservation of which the child is a resident. Allows an Indian adoptive child who has attained the age of 18, upon application to the court which entered the final adoption decree, to discover the names and last known addresses of his or her natural parents, their tribal affiliation, and the ground for the severance of their family relations. Title II: Indian Family Development - Authorizes the Secretary of the Interior to make grants to, or enter into contract with, Indian tribes for the purpose of assisting such tribes in the establishment and operation of Indian family development programs. States that such programs shall consist of features including: (1) a system for licensing or otherwise regulating Indian foster and adoptive homes; (2) the construction, and operation of family development centers which may include facilities for counseling Indian families and facilities for the temporary custody of Indian children whose parents or guardians are unwilling or unable to care for them; and (4) education of Indians, including tribal judges and staff, in skills relating to child welfare and family assistance programs. Authorizes the Secretary to carry out, or to make grants to or contracts with Indian tribes to carry out, a special home improvement program; one purpose of which is to upgrade the housing conditions of Indian foster and adoptive parents. Provides for off-reservation Indian family development programs to be either directly operated by the Secretary or through grants and contracts with local Indian organizations. States that such programs may include features such as: (1) a system for regulating and supporting Indian foster and adoptive homes; (2) family assistance; and (3) an Indian family defense program which shall provide representation by an attorney for every Indian child or his parents in child placement proceedings. States that no child placement shall be valid, except where the child is immediately threatened, if the Indian child, or his parents, is not represented by counsel. Directs and authorizes the Secretary to undertake a study of the circumstances surrounding all child placements which have occurred during the 16 years preceding the effective date of this Act, where the child so placed is still under the age of 18. Authorizes the Secretary, in his discretion, to institute a habeas corpus action in the name of the United States on behalf of a parent, or blood relative for the purpose of challenging the legality of the placement of a child if such parent or blood relative so requests. States that such action is to be brought in the United States district court for the district in which the child resides and that if the United States Attorney for such district fails or refuses to initiate and prosecute a legal proceeding, the Secretary may employ private counsel. Authorizes funds to be appropriated to carry out the provisions of this Act. Provides for rulemaking necessary for the implementation of the provisions of this Act, including a procedure for revision or amendments for promulgated rules and regulations. | 2025-09-02T18:52:35Z |