§ 1912. — Pending court proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1912]
TITLE 25--INDIANS
CHAPTER 21--INDIAN CHILD WELFARE
SUBCHAPTER I--CHILD CUSTODY PROCEEDINGS
Sec. 1912. Pending court proceedings
(a) Notice; time for commencement of proceedings; additional time for
preparation
In any involuntary proceeding in a State court, where the court
knows or has reason to know that an Indian child is involved, the party
seeking the foster care placement of, or termination of parental rights
to, an Indian child shall notify the parent or Indian custodian and the
Indian child's tribe, by registered mail with return receipt requested,
of the pending proceedings and of their right of intervention. If the
identity or location of the parent or Indian custodian and the tribe
cannot be determined, such notice shall be given to the Secretary in
like manner, who shall have fifteen days after receipt to provide the
requisite notice to the parent or Indian custodian and the tribe. No
foster care placement or termination of parental rights proceeding shall
be held until at least ten days after receipt of notice by the parent or
Indian custodian and the tribe or the Secretary: Provided, That the
parent or Indian custodian or the tribe shall, upon request, be granted
up to twenty additional days to prepare for such proceeding.
(b) Appointment of counsel
In any case in which the court determines indigency, the parent or
Indian custodian shall have the right to court-appointed counsel in any
removal, placement, or termination proceeding. The court may, in its
discretion, appoint counsel for the child upon a finding that such
appointment is in the best interest of the child. Where State law makes
no provision for appointment of counsel in such proceedings, the court
shall promptly notify the Secretary upon appointment of counsel, and the
Secretary, upon certification of the presiding judge, shall pay
reasonable fees and expenses out of funds which may be appropriated
pursuant to section 13 of this title.
(c) Examination of reports or other documents
Each party to a foster care placement or termination of parental
rights proceeding under State law involving an Indian child shall have
the right to examine all reports or other documents filed with the court
upon which any decision with respect to such action may be based.
(d) Remedial services and rehabilitative programs; preventive measures
Any party seeking to effect a foster care placement of, or
termination of parental rights to, an Indian child under State law shall
satisfy the court that active efforts have been made to provide remedial
services and rehabilitative programs designed to prevent the breakup of
the Indian family and that these efforts have proved unsuccessful.
(e) Foster care placement orders; evidence; determination of damage to
child
No foster care placement may be ordered in such proceeding in the
absence of a determination, supported by clear and convincing evidence,
including testimony of qualified expert witnesses, that the continued
custody of the child by the parent or Indian custodian is likely to
result in serious emotional or physical damage to the child.
(f) Parental rights termination orders; evidence; determination of
damage to child
No termination of parental rights may be ordered in such proceeding
in the absence of a determination, supported by evidence beyond a
reasonable doubt, including testimony of qualified expert witnesses,
that the continued custody of the child by the parent or Indian
custodian is likely to result in serious emotional or physical damage to
the child.
(Pub. L. 95-608, title I, Sec. 102, Nov. 8, 1978, 92 Stat. 3071.)
Section Referred to in Other Sections
This section is referred to in sections 1914, 1916 of this title.
