Title 25 — Indians
Chapter 21 — Indian Child Welfare
§ 1920. Improper removal of child from custody; declination of jurisdiction; forthwith return of child: danger exception
Statutory text
Where any petitioner in an Indian child custody proceeding before a State court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his parent or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of such danger.
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 § 110 · 92 Stat. 3069
Enacted · 25 U.S.C. § 1920
(Pub. L. 95–608, title I, § 110, Nov. 8, 1978, 92 Stat. 3075.)
Source evidence
Code source credit
(Pub. L. 95–608, title I, § 110, Nov. 8, 1978, 92 Stat. 3075.)Enacted provision · exact public law section
Sec. 110. Where any petitioner in an Indian child custody proceeding Improper removal of child from custody. 25 USC 1920. before a State court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forth-with return the child to his parent or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of such danger.
1 of 1 references resolved to an enrolled provision