Recognizing the special relationship
between the United States and the Indian tribes and their members
and the Federal responsibility to Indian people, the Congress finds:
Congress, through statutes, treaties, and the general course of
dealing with Indian tribes, has assumed the responsibility for the
protection and preservation of Indian tribes and their resources;
that there is no resource that is more vital to the continued existence
and integrity of Indian tribes than their children and that the
United States has a direct interest, as trustee, in protecting Indian
children who are members of or are eligible for membership in an
Indian tribe; that an alarmingly high percentage of Indian families
are broken up by the removal, often unwarranted, of their children
from them by nontribal public and private agencies and that an alarmingly
high percentage of such children are placed in non-Indian foster
and adoptive homes and institutions; and that the States, exercising
their recognized jurisdiction over Indian child custody proceedings
through administrative and judicial bodies, have often failed to
recognize the essential tribal relations of Indian people and the
cultural and social standards prevailing in Indian communities and
families.
§ 1902. Congressional declaration of policy
The Congress hereby declares that it is the policy of this Nation
to protect the best interests of Indian children and to promote
the stability and security of Indian tribes and families by the
establishment of minimum Federal standards for the removal of Indian
children from their families and the placement of such children
in foster or adoptive homes which will reflect the unique values
of Indian culture, and by providing for assistance to Indian tribes
in the operation of child and family service programs.
§ 1911. Indian tribe jurisdiction over Indian child
custody proceedings
(a) Exclusive jurisdiction
An Indian tribe shall have jurisdiction exclusive to any State over
any child custody proceeding involving an Indian child who resides
or is domiciled within the reservation of such tribe, except where
such jurisdiction is otherwise vested in the State by existing Federal
law. Where an indian child is a ward of a tribal court, the Indian
tribe shall retain exclusive jurisdiction, notwithstanding the residence
or domicile of the child. . . .
§ 1915. Placement of Indian children
(a) Adoptive placements; preferences
In any adoptive placement of an Indian child under State law, a
preference shall be given, in the absence of good cause to the contrary,
to a placement with (1) a member of the child's extended family;
(2) other members of the Indian child's tribe; or (3) other Indian
families. . . .
(d) Social and cultural standards applicable
The standards to be applied in meeting the preference requirements
of this section shall be the prevailing social and cultural standards
of the Indian community in which the parent or extended family resides
or with which the parent or extended family members maintain social
and cultural ties.
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