Title 25 — Indians
Chapter 21 — Indian Child Welfare
§ 1916. Return of custody
Statutory text
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Indian Child Welfare Act of 1978
Pub. L. 95–608 title I § 106 · 92 Stat. 3069
Enacted · 25 U.S.C. § 1916
(Pub. L. 95–608, title I, § 106, Nov. 8, 1978, 92 Stat. 3073.)
Source evidence
Code source credit
(Pub. L. 95–608, title I, § 106, Nov. 8, 1978, 92 Stat. 3073.)Enacted provision · exact public law section
Sec. 106. (a) Notwithstanding State law to the contrary, whenever Petition, return of custody. 25 USC 1916. 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 102 of this Act, that such return of custody is not in the best interests of the child. (b) Whenever an Indian child is removed from a foster care home Removal from 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 Act, 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.
1 of 1 references resolved to an enrolled provision