§ 1916. — Return of custody.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1916]
TITLE 25--INDIANS
CHAPTER 21--INDIAN CHILD WELFARE
SUBCHAPTER I--CHILD CUSTODY PROCEEDINGS
Sec. 1916. Return of custody
(a) Petition; best interests of child
Notwithstanding State law to the contrary, whenever a final decree
of adoption of an Indian child has been vacated or set aside or the
adoptive parents voluntarily consent to the termination of their
parental rights to the child, a biological parent or prior Indian
custodian may petition for return of custody and the court shall grant
such petition unless there is a showing, in a proceeding subject to the
provisions of section 1912 of this title, that such return of custody is
not in the best interests of the child.
(b) Removal from foster care home; placement procedure
Whenever an Indian child is removed from a foster care home or
institution for the purpose of further foster care, preadoptive, or
adoptive placement, such placement shall be in accordance with the
provisions of this chapter, except in the case where an Indian child is
being returned to the parent or Indian custodian from whose custody the
child was originally removed.
(Pub. L. 95-608, title I, Sec. 106, Nov. 8, 1978, 92 Stat. 3073.)
