Title 25 — Indians
Chapter 21 — Indian Child Welfare
§ 1922. Emergency removal or placement of child; termination; appropriate action
Statutory text
Nothing in this subchapter shall be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from his parent or Indian custodian or the emergency placement of such child in a foster home or institution, under applicable State law, in order to prevent imminent physical damage or harm to the child. The State authority, official, or agency involved shall insure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of this subchapter, transfer the child to the jurisdiction of the appropriate Indian tribe, or restore the child to the parent or Indian custodian, as may be appropriate.
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 § 112 · 92 Stat. 3069
Enacted · 25 U.S.C. § 1922
(Pub. L. 95–608, title I, § 112, Nov. 8, 1978, 92 Stat. 3075.)
Source evidence
Code source credit
(Pub. L. 95–608, title I, § 112, Nov. 8, 1978, 92 Stat. 3075.)Enacted provision · exact public law section
Sec. 112. Nothing in this title shall be construed to prevent the emergency Emergency removal of child. 25 USC 1922. removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from his parent or Indian custodian or the emergency placement of such child in a foster home or institution, under applicable State law, in order to prevent imminent physical damage or harm to the child. The State authority, official, or agency involved shall insure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of this title, transfer the child to the jurisdiction of the appropriate Indian tribe, or restore the child to the parent or Indian custodian, as may be appropriate.
1 of 1 references resolved to an enrolled provision