Title 25 — Indians
Chapter 7 — Education of Indians
§ 286. Sending child to school out of State without consent
Statutory text
No Indian child shall be sent from any Indian reservation to a school beyond the State or Territory in which said reservation is situated without the voluntary consent of the father or mother of such child if either of them is living, and if neither of them is living without the voluntary consent of the next of kin of such child. Such consent shall be made before the agent of the reservation, and he shall send to the Commissioner of Indian Affairs his certificate that such consent has been voluntarily given before such child shall be removed from such reservation. And it shall be unlawful for any Indian agent or other employee of the Government to induce, or seek to induce, by withholding rations or by other improper means, the parents or next of kin of any Indian to consent to the removal of any Indian child beyond the limits of any reservation.
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.
Pub. L. 53–290 § 11 · 28 Stat. 286
Enacted · 25 U.S.C. § 286
Aug. 15, 1894, ch. 290, § 11, 28 Stat. 313
Source evidence
Code source credit
Aug. 15, 1894, ch. 290, § 11, 28 Stat. 313Enacted provision · exact public law section
Sec. 11. That no Indian child shall be sent from any Indian reservation Consent of parents required when children are sent to school in another State. to a school beyond the State or Territory in which said Reservation is situated without the voluntary consent of the father or mother of such child if either of them are living, and if neither of them arc living without the voluntary consent of the next of kin of such child. Such consent shall be made before the agent of the reservation, and he shall send to the Commissioner of Indian Affairs his certificate that such consent has been voluntarily given before such child shall be Improper inducements forbidden. removed from such reservation. And it shall be unlawful for any Indian agent or other employee of the Government to induce, or seek to induce, by withholding rations or by other improper means, the parents or next of kin of any Indian to consent to the removal of any Indian child beyond the limits of any reservation.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Indian Agents
The services of Indian agents have been dispensed with. See note set out under section 64 of this title.
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
Credits
1894–1895 · 2 acts
- 1894Aug. 15, 1894, ch. 290, § 11, 28 Stat. 313
- 1895Mar. 2, 1895, ch. 188, § 1, 28 Stat. 906.
Show as published
(Aug. 15, 1894, ch. 290, § 11, 28 Stat. 313; Mar. 2, 1895, ch. 188, § 1, 28 Stat. 906.)