25 USC 1915 - Placement of Indian children

U.S Code last checked for updates: Apr 26, 2024

§ 1915.

Placement of Indian children

(a)

Adoptive placements; preferences

(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

(d)

Social and cultural standards applicable

(e)

Record of placement; availability

(Pub. L. 95–608, title I, § 105, Nov. 8, 1978, 92 Stat. 3073.)

cite as: 25 USC 1915