INDIAN CHILD WELFARE Trustee, in Protecting Indian Children Who Are Members of Or Are Eligible for Membership in Sec

§ 1901 TITLE 25—INDIANS Page 634

CHAPTER 21—INDIAN CHILD WELFARE trustee, in protecting Indian children who are members of or are eligible for membership in Sec. an Indian tribe; 1901. Congressional findings. 1902. Congressional declaration of policy. (4) that an alarmingly high percentage of In- 1903. Definitions. dian families are broken up by the removal, SUBCHAPTER I—CHILD CUSTODY PROCEEDINGS often unwarranted, of their children from them by nontribal public and private agencies 1911. Indian tribe jurisdiction over Indian child and that an alarmingly high percentage of custody proceedings. such children are placed in non-Indian foster 1912. Pending court proceedings. 1913. Parental rights; voluntary termination. and adoptive homes and institutions; and 1914. Petition to court of competent jurisdiction to (5) that the States, exercising their recog- invalidate action upon showing of certain nized jurisdiction over Indian child custody violations. proceedings through administrative and judi- 1915. Placement of Indian children. cial bodies, have often failed to recognize the 1916. Return of custody. essential tribal relations of Indian people and 1917. Tribal affiliation information and other infor- the cultural and social standards prevailing in mation for protection of rights from tribal Indian communities and families. relationship; application of subject of adoptive placement; disclosure by court. (Pub. L. 95–608, § 2, Nov. 8, 1978, 92 Stat. 3069.) 1918. Reassumption of jurisdiction over child custody proceedings. SHORT TITLE 1919. Agreements between States and Indian tribes. Section 1 of Pub. L. 95–608 provided: ‘‘That this Act 1920. Improper removal of child from custody; dec- [enacting this chapter] may be cited as the ‘Indian lination of jurisdiction; forthwith return of Child Welfare Act of 1978’.’’ child: danger exception. 1921. Higher State or Federal standard applicable § 1902. Congressional declaration of policy to protect rights of parent or Indian custodian of Indian child. The Congress hereby declares that it is the 1922. Emergency removal or placement of child; policy of this Nation to protect the best inter- termination; appropriate action. ests of Indian children and to promote the sta- 1923. Effective date. bility and security of Indian tribes and families SUBCHAPTER II—INDIAN CHILD AND FAMILY by the establishment of minimum Federal PROGRAMS standards for the removal of Indian children 1931. Grants for on or near reservation programs from their families and the placement of such and child welfare codes. children in foster or adoptive homes which will 1932. Grants for off-reservation programs for addi- reflect the unique values of Indian culture, and tional services. by providing for assistance to Indian tribes in 1933. Funds for on and off reservation programs. the operation of child and family service pro- 1934. ‘‘Indian’’ defined for certain purposes. grams. SUBCHAPTER III—RECORDKEEPING, INFORMATION AVAILABILITY, AND TIMETABLES (Pub. L. 95–608, § 3, Nov. 8, 1978, 92 Stat. 3069.) 1951. Information availability to and disclosure by § 1903. Definitions Secretary. 1952. Rules and regulations. For the purposes of this chapter, except as SUBCHAPTER IV—MISCELLANEOUS PROVISIONS may be specifically provided otherwise, the 1961. Locally convenient day schools. term— 1962. Copies to the States. (1) ‘‘child custody proceeding’’ shall mean 1963. Severability. and include— (i) ‘‘foster care placement’’ which shall § 1901. Congressional findings mean any action removing an Indian child Recognizing the special relationship between from its parent or Indian custodian for tem- the United States and the Indian tribes and porary placement in a foster home or insti- their members and the Federal responsibility to tution or the home of a guardian or con- Indian people, the Congress finds— servator where the parent or Indian custo- (1) that clause 3, section 8, article I of the dian cannot have the child returned upon de- United States Constitution provides that ‘‘The mand, but where parental rights have not Congress shall have Power * * * To regulate been terminated; Commerce * * * with Indian tribes 1’’ and, (ii) ‘‘termination of parental rights’’ which through this and other constitutional author- shall mean any action resulting in the ter- ity, Congress has plenary power over Indian mination of the parent-child relationship; affairs; (iii) ‘‘preadoptive placement’’ which shall (2) that Congress, through statutes, treaties, mean the temporary placement of an Indian and the general course of dealing with Indian child in a foster home or institution after tribes, has assumed the responsibility for the the termination of parental rights, but prior protection and preservation of Indian tribes to or in lieu of adoptive placement; and and their resources; (iv) ‘‘adoptive placement’’ which shall (3) that there is no resource that is more mean the permanent placement of an Indian vital to the continued existence and integrity child for adoption, including any action re- of Indian tribes than their children and that sulting in a final decree of adoption. the United States has a direct interest, as Such term or terms shall not include a placement based upon an act which, if committed 1 So in original. Probably should be capitalized. by an adult, would be deemed a crime or upon Page 635 TITLE 25—INDIANS § 1912

an award, in a divorce proceeding, of custody SUBCHAPTER I—CHILD CUSTODY to one of the parents. PROCEEDINGS (2) ‘‘extended family member’’ shall be as defined by the law or custom of the Indian § 1911. Indian tribe jurisdiction over Indian child child’s tribe or, in the absence of such law or custody proceedings custom, shall be a person who has reached the (a) Exclusive jurisdiction age of eighteen and who is the Indian child’s An Indian tribe shall have jurisdiction exclu- grandparent, aunt or uncle, brother or sister, sive as to any State over any child custody pro- brother-in-law or sister-in-law, niece or neph- ceeding involving an Indian child who resides or ew, first or second cousin, or stepparent; is domiciled within the reservation of such (3) ‘‘Indian’’ means any person who is a tribe, except where such jurisdiction is other- member of an Indian tribe, or who is an Alas- wise vested in the State by existing Federal law. ka Native and a member of a Regional Cor- Where an Indian child is a ward of a tribal court, poration as defined in 1606 of title 43; the Indian tribe shall retain exclusive jurisdic- (4) ‘‘Indian child’’ means any unmarried per- tion, notwithstanding the residence or domicile son who is under age eighteen and is either (a) of the child. a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the (b) Transfer of proceedings; declination by tribal biological child of a member of an Indian court tribe; In any State court proceeding for the foster (5) ‘‘Indian child’s tribe’’ means (a) the In- care placement of, or termination of parental dian tribe in which an Indian child is a mem- rights to, an Indian child not domiciled or resid- ber or eligible for membership or (b), in the ing within the reservation of the Indian child’s case of an Indian child who is a member of or tribe, the court, in the absence of good cause to eligible for membership in more than one the contrary, shall transfer such proceeding to tribe, the Indian tribe with which the Indian the jurisdiction of the tribe, absent objection by child has the more significant contacts; either parent, upon the petition of either parent (6) ‘‘Indian custodian’’ means any Indian or the Indian custodian or the Indian child’s person who has legal custody of an Indian tribe: Provided, That such transfer shall be sub- child under tribal law or custom or under ject to declination by the tribal court of such State law or to whom temporary physical tribe. care, custody, and control has been transferred (c) State court proceedings; intervention by the parent of such child; In any State court proceeding for the foster (7) ‘‘Indian organization’’ means any group, care placement of, or termination of parental association, partnership, corporation, or other rights to, an Indian child, the Indian custodian legal entity owned or controlled by Indians, or of the child and the Indian child’s tribe shall a majority of whose members are Indians; have a right to intervene at any point in the (8) ‘‘Indian tribe’’ means any Indian tribe, proceeding. band, nation, or other organized group or com- (d) Full faith and credit to public acts, records, munity of Indians recognized as eligible for and judicial proceedings of Indian tribes the services provided to Indians by the Sec- retary because of their status as Indians, in- The United States, every State, every terri- cluding any Alaska Native village as defined tory or possession of the United States, and in section 1602(c) of title 43; every Indian tribe shall give full faith and credit (9) ‘‘parent’’ means any biological parent or to the public acts, records, and judicial proceed- parents of an Indian child or any Indian person ings of any Indian tribe applicable to Indian who has lawfully adopted an Indian child, in- child custody proceedings to the same extent cluding adoptions under tribal law or custom. that such entities give full faith and credit to It does not include the unwed father where pa- the public acts, records, and judicial proceedings ternity has not been acknowledged or estab- of any other entity. lished; (Pub. L. 95–608, title I, § 101, Nov. 8, 1978, 92 Stat. (10) ‘‘reservation’’ means Indian country as 3071.) defined in section 1151 of title 18 and any lands, not covered under such section, title to § 1912. Pending court proceedings which is either held by the United States in (a) Notice; time for commencement of proceed- trust for the benefit of any Indian tribe or in- ings; additional time for preparation dividual or held by any Indian tribe or individual subject to a restriction by the United In any involuntary proceeding in a State States against alienation; court, where the court knows or has reason to (11) ‘‘Secretary’’ means the Secretary of the know that an Indian child is involved, the party Interior; and seeking the foster care placement of, or termination of parental rights to, an Indian child (12) ‘‘tribal court’’ means a court with juris- shall notify the parent or Indian custodian and diction over child custody proceedings and the Indian child’s tribe, by registered mail with which is either a Court of Indian Offenses, a return receipt requested, of the pending proceed- court established and operated under the code ings and of their right of intervention. If the or custom of an Indian tribe, or any other ad- identity or location of the parent or Indian cus- ministrative body of a tribe which is vested todian and the tribe cannot be determined, such with authority over child custody proceedings. notice shall be given to the Secretary in like (Pub. L. 95–608, § 4, Nov. 8, 1978, 92 Stat. 3069.) manner, who shall have fifteen days after re- § 1913 TITLE 25—INDIANS Page 636 ceipt to provide the requisite notice to the par- § 1913. Parental rights; voluntary termination ent or Indian custodian and the tribe. No foster care placement or termination of parental (a) Consent; record; certification matters; invalid rights proceeding shall be held until at least ten consents days after receipt of notice by the parent or In- Where any parent or Indian custodian volun- dian custodian and the tribe or the Secretary: tarily consents to a foster care placement or to Provided, That the parent or Indian custodian or termination of parental rights, such consent the tribe shall, upon request, be granted up to shall not be valid unless executed in writing and twenty additional days to prepare for such pro- recorded before a judge of a court of competent ceeding. jurisdiction and accompanied by the presiding judge’s certificate that the terms and conse- (b) Appointment of counsel quences of the consent were fully explained in In any case in which the court determines detail and were fully understood by the parent indigency, the parent or Indian custodian shall or Indian custodian. The court shall also certify have the right to court-appointed counsel in any that either the parent or Indian custodian fully removal, placement, or termination proceeding. understood the explanation in English or that it The court may, in its discretion, appoint coun- was interpreted into a language that the parent sel for the child upon a finding that such ap- or Indian custodian understood. Any consent pointment is in the best interest of the child. given prior to, or within ten days after, birth of Where State law makes no provision for ap- the Indian child shall not be valid. pointment of counsel in such proceedings, the (b) Foster care placement; withdrawal of consent court shall promptly notify the Secretary upon appointment of counsel, and the Secretary, upon Any parent or Indian custodian may withdraw certification of the presiding judge, shall pay consent to a foster care placement under State reasonable fees and expenses out of funds which law at any time and, upon such withdrawal, the may be appropriated pursuant to section 13 of child shall be returned to the parent or Indian this title. custodian. (c) Voluntary termination of parental rights or (c) Examination of reports or other documents adoptive placement; withdrawal of consent; Each party to a foster care placement or ter- return of custody mination of parental rights proceeding under In any voluntary proceeding for termination State law involving an Indian child shall have of parental rights to, or adoptive placement of, the right to examine all reports or other docu- an Indian child, the consent of the parent may ments filed with the court upon which any deci- be withdrawn for any reason at any time prior sion with respect to such action may be based. to the entry of a final decree of termination or (d) Remedial services and rehabilitative pro- adoption, as the case may be, and the child shall grams; preventive measures be returned to the parent. Any party seeking to effect a foster care (d) Collateral attack; vacation of decree and re- placement of, or termination of parental rights turn of custody; limitations to, an Indian child under State law shall satisfy After the entry of a final decree of adoption of the court that active efforts have been made to an Indian child in any State court, the parent provide remedial services and rehabilitative pro- may withdraw consent thereto upon the grounds grams designed to prevent the breakup of the In- that consent was obtained through fraud or du- dian family and that these efforts have proved ress and may petition the court to vacate such unsuccessful. decree. Upon a finding that such consent was obtained through fraud or duress, the court shall (e) Foster care placement orders; evidence; de- vacate such decree and return the child to the termination of damage to child parent. No adoption which has been effective for No foster care placement may be ordered in at least two years may be invalidated under the such proceeding in the absence of a determina- provisions of this subsection unless otherwise tion, supported by clear and convincing evi- permitted under State law. dence, including testimony of qualified expert witnesses, that the continued custody of the (Pub. L. 95–608, title I, § 103, Nov. 8, 1978, 92 Stat. child by the parent or Indian custodian is likely 3072.) to result in serious emotional or physical dam- § 1914. Petition to court of competent jurisdiction age to the child. to invalidate action upon showing of certain (f) Parental rights termination orders; evidence; violations determination of damage to child Any Indian child who is the subject of any ac- No termination of parental rights may be or- tion for foster care placement or termination of dered in such proceeding in the absence of a de- parental rights under State law, any parent or termination, supported by evidence beyond a Indian custodian from whose custody such child reasonable doubt, including testimony of quali- was removed, and the Indian child’s tribe may fied expert witnesses, that the continued cus- petition any court of competent jurisdiction to tody of the child by the parent or Indian custo- invalidate such action upon a showing that such dian is likely to result in serious emotional or action violated any provision of sections 1911, physical damage to the child. 1912, and 1913 of this title. (Pub. L. 95–608, title I, § 102, Nov. 8, 1978, 92 Stat. (Pub. L. 95–608, title I, § 104, Nov. 8, 1978, 92 Stat. 3071.) 3072.) Page 637 TITLE 25—INDIANS § 1918

§ 1915. Placement of Indian children § 1916. Return of custody (a) Adoptive placements; preferences (a) Petition; best interests of child In any adoptive placement of an Indian child Notwithstanding State law to the contrary, under State law, a preference shall be given, in whenever a final decree of adoption of an Indian the absence of good cause to the contrary, to a child has been vacated or set aside or the adop- placement with (1) a member of the child’s ex- tive parents voluntarily consent to the termi- tended family; (2) other members of the Indian nation of their parental rights to the child, a bi- child’s tribe; or (3) other Indian families. ological parent or prior Indian custodian may (b) Foster care or preadoptive placements; cri- petition for return of custody and the court teria; preferences shall grant such petition unless there is a showing, in a proceeding subject to the provisions of Any child accepted for foster care or pre- section 1912 of this title, that such return of cus- adoptive placement shall be placed in the least tody is not in the best interests of the child. restrictive setting which most approximates a (b) Removal from foster care home; placement family and in which his special needs, if any, procedure may be met. The child shall also be placed within reasonable proximity to his or her home, tak- Whenever an Indian child is removed from a ing into account any special needs of the child. foster care home or institution for the purpose In any foster care or preadoptive placement, a of further foster care, preadoptive, or adoptive preference shall be given, in the absence of good placement, such placement shall be in accord- cause to the contrary, to a placement with— ance with the provisions of this chapter, except (i) a member of the Indian child’s extended in the case where an Indian child is being re- family; turned to the parent or Indian custodian from (ii) a foster home licensed, approved, or spec- whose custody the child was originally removed. ified by the Indian child’s tribe; (Pub. L. 95–608, title I, § 106, Nov. 8, 1978, 92 Stat. (iii) an Indian foster home licensed or ap- 3073.) proved by an authorized non-Indian licensing authority; or § 1917. Tribal affiliation information and other (iv) an institution for children approved by information for protection of rights from an Indian tribe or operated by an Indian orga- tribal relationship; application of subject of nization which has a program suitable to meet adoptive placement; disclosure by court the Indian child’s needs. Upon application by an Indian individual who (c) Tribal resolution for different order of pref- has reached the age of eighteen and who was the erence; personal preference considered; ano- subject of an adoptive placement, the court nymity in application of preferences which entered the final decree shall inform such In the case of a placement under subsection (a) individual of the tribal affiliation, if any, of the or (b) of this section, if the Indian child’s tribe individual’s biological parents and provide such shall establish a different order of preference by other information as may be necessary to pro- resolution, the agency or court effecting the tect any rights flowing from the individual’s placement shall follow such order so long as the tribal relationship. placement is the least restrictive setting appro- (Pub. L. 95–608, title I, § 107, Nov. 8, 1978, 92 Stat. priate to the particular needs of the child, as 3073.) provided in subsection (b) of this section. Where appropriate, the preference of the Indian child § 1918. Reassumption of jurisdiction over child or parent shall be considered: Provided, That custody proceedings where a consenting parent evidences a desire for (a) Petition; suitable plan; approval by Secretary anonymity, the court or agency shall give Any Indian tribe which became subject to weight to such desire in applying the pref- State jurisdiction pursuant to the provisions of erences. the Act of August 15, 1953 (67 Stat. 588), as (d) Social and cultural standards applicable amended by title IV of the Act of April 11, 1968 The standards to be applied in meeting the (82 Stat. 73, 78), or pursuant to any other Fed- preference requirements of this section shall be eral law, may reassume jurisdiction over child the prevailing social and cultural standards of custody proceedings. Before any Indian tribe the Indian community in which the parent or may reassume jurisdiction over Indian child cus- extended family resides or with which the par- tody proceedings, such tribe shall present to the ent or extended family members maintain social Secretary for approval a petition to reassume and cultural ties. such jurisdiction which includes a suitable plan to exercise such jurisdiction. (e) Record of placement; availability (b) Criteria applicable to consideration by Sec- A record of each such placement, under State retary; partial retrocession law, of an Indian child shall be maintained by (1) In considering the petition and feasibility the State in which the placement was made, evi- of the plan of a tribe under subsection (a) of this dencing the efforts to comply with the order of section, the Secretary may consider, among preference specified in this section. Such record other things: shall be made available at any time upon the re- (i) whether or not the tribe maintains a quest of the Secretary or the Indian child’s membership roll or alternative provision for tribe. clearly identifying the persons who will be af- (Pub. L. 95–608, title I, § 105, Nov. 8, 1978, 92 Stat. fected by the reassumption of jurisdiction by 3073.) the tribe; § 1919 TITLE 25—INDIANS Page 638

(ii) the size of the reservation or former res- (b) Revocation; notice; actions or proceedings ervation area which will be affected by ret- unaffected rocession and reassumption of jurisdiction by Such agreements may be revoked by either the tribe; party upon one hundred and eighty days’ writ- (iii) the population base of the tribe, or dis- ten notice to the other party. Such revocation tribution of the population in homogeneous shall not affect any action or proceeding over communities or geographic areas; and which a court has already assumed jurisdiction, (iv) the feasibility of the plan in cases of unless the agreement provides otherwise. multitribal occupation of a single reservation or geographic area. (Pub. L. 95–608, title I, § 109, Nov. 8, 1978, 92 Stat. 3074.) (2) In those cases where the Secretary determines that the jurisdictional provisions of sec- § 1920. Improper removal of child from custody; tion 1911(a) of this title are not feasible, he is declination of jurisdiction; forthwith return authorized to accept partial retrocession which of child: danger exception will enable tribes to exercise referral jurisdiction as provided in section 1911(b) of this title, Where any petitioner in an Indian child cus- or, where appropriate, will allow them to exer- tody proceeding before a State court has im- cise exclusive jurisdiction as provided in section properly removed the child from custody of the 1911(a) of this title over limited community or parent or Indian custodian or has improperly re- geographic areas without regard for the reserva- tained custody after a visit or other temporary tion status of the area affected. relinquishment of custody, the court shall de- cline jurisdiction over such petition and shall (c) Approval of petition; publication in Federal forthwith return the child to his parent or In- Register; notice; reassumption period; cor- dian custodian unless returning the child to his rection of causes for disapproval parent or custodian would subject the child to a If the Secretary approves any petition under substantial and immediate danger or threat of subsection (a) of this section, the Secretary such danger. shall publish notice of such approval in the Fed- (Pub. L. 95–608, title I, § 110, Nov. 8, 1978, 92 Stat. eral Register and shall notify the affected State 3075.) or States of such approval. The Indian tribe con- cerned shall reassume jurisdiction sixty days § 1921. Higher State or Federal standard applica- after publication in the Federal Register of no- ble to protect rights of parent or Indian cus- tice of approval. If the Secretary disapproves todian of Indian child any petition under subsection (a) of this section, the Secretary shall provide such technical as- In any case where State or Federal law appli- sistance as may be necessary to enable the tribe cable to a child custody proceeding under State to correct any deficiency which the Secretary or Federal law provides a higher standard of pro- identified as a cause for disapproval. tection to the rights of the parent or Indian custodian of an Indian child than the rights pro- (d) Pending actions or proceedings unaffected vided under this subchapter, the State or Fed- Assumption of jurisdiction under this section eral court shall apply the State or Federal shall not affect any action or proceeding over standard. which a court has already assumed jurisdiction, (Pub. L. 95–608, title I, § 111, Nov. 8, 1978, 92 Stat. except as may be provided pursuant to any 3075.) agreement under section 1919 of this title. (Pub. L. 95–608, title I, § 108, Nov. 8, 1978, 92 Stat. § 1922. Emergency removal or placement of child; 3074.) termination; appropriate action Nothing in this subchapter shall be construed REFERENCES IN TEXT to prevent the emergency removal of an Indian Act of August 15, 1953, referred to in subsec. (a), is act child who is a resident of or is domiciled on a Aug. 15, 1953, ch. 505, 67 Stat. 588, as amended, which en- reservation, but temporarily located off the res- acted section 1162 of Title 18, Crimes and Criminal Pro- ervation, from his parent or Indian custodian or cedure, section 1360 of Title 28, Judiciary and Judicial the emergency placement of such child in a fos- Procedure, and provisions set out as notes under section 1360 of Title 28. For complete classification of this ter home or institution, under applicable State Act to the Code, see Tables. law, in order to prevent imminent physical damage or harm to the child. The State authority, § 1919. Agreements between States and Indian official, or agency involved shall insure that the tribes emergency removal or placement terminates immediately when such removal or placement is (a) Subject coverage no longer necessary to prevent imminent physical damage or harm to the child and shall expe- States and Indian tribes are authorized to ditiously initiate a child custody proceeding enter into agreements with each other respect- subject to the provisions of this subchapter, ing care and custody of Indian children and ju- transfer the child to the jurisdiction of the ap- risdiction over child custody proceedings, in- propriate Indian tribe, or restore the child to cluding agreements which may provide for or- the parent or Indian custodian, as may be appro- derly transfer of jurisdiction on a case-by-case priate. basis and agreements which provide for concur- rent jurisdiction between States and Indian (Pub. L. 95–608, title I, § 112, Nov. 8, 1978, 92 Stat. tribes. 3075.) Page 639 TITLE 25—INDIANS § 1933

§ 1923. Effective date non-Federal matching share in connection with funds provided under titles IV–B and XX of the None of the provisions of this subchapter, ex- Social Security Act [42 U.S.C. 620 et seq., 1397 et cept sections 1911(a), 1918, and 1919 of this title, seq.] or under any other Federal financial assist- shall affect a proceeding under State law for fos- ance programs which contribute to the purpose ter care placement, termination of parental for which such funds are authorized to be appro- rights, preadoptive placement, or adoptive priated for use under this chapter. The provision placement which was initiated or completed or possibility of assistance under this chapter prior to one hundred and eighty days after No- shall not be a basis for the denial or reduction vember 8, 1978, but shall apply to any subsequent of any assistance otherwise authorized under proceeding in the same matter or subsequent titles IV–B and XX of the Social Security Act or proceedings affecting the custody or placement any other federally assisted program. For pur- of the same child. poses of qualifying for assistance under a feder- (Pub. L. 95–608, title I, § 113, Nov. 8, 1978, 92 Stat. ally assisted program, licensing or approval of 3075.) foster or adoptive homes or institutions by an Indian tribe shall be deemed equivalent to li- SUBCHAPTER II—INDIAN CHILD AND censing or approval by a State. FAMILY PROGRAMS (Pub. L. 95–608, title II, § 201, Nov. 8, 1978, 92 Stat. § 1931. Grants for on or near reservation pro- 3075.) grams and child welfare codes REFERENCES IN TEXT (a) Statement of purpose; scope of programs The Secretary is authorized to make grants to The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles Indian tribes and organizations in the establish- IV–B and XX of the Social Security Act are classified ment and operation of Indian child and family generally to part B (§ 620 et seq.) of subchapter IV and service programs on or near reservations and in subchapter XX (§ 1397 et seq.) of chapter 7 of Title 42, the preparation and implementation of child The Public Health and Welfare. For complete classi- welfare codes. The objective of every Indian fication of this Act to the Code, see section 1305 of Title child and family service program shall be to pre- 42 and Tables. vent the breakup of Indian families and, in par- § 1932. Grants for off-reservation programs for ticular, to insure that the permanent removal of additional services an Indian child from the custody of his parent or Indian custodian shall be a last resort. Such The Secretary is also authorized to make child and family service programs may include, grants to Indian organizations to establish and but are not limited to— operate off-reservation Indian child and family (1) a system for licensing or otherwise regu- service programs which may include, but are not lating Indian foster and adoptive homes; limited to— (2) the operation and maintenance of facili- (1) a system for regulating, maintaining, and ties for the counseling and treatment of In- supporting Indian foster and adoptive homes, dian families and for the temporary custody of including a subsidy program under which In- Indian children; dian adoptive children may be provided sup- (3) family assistance, including homemaker port comparable to that for which they would and home counselors, day care, afterschool be eligible as Indian foster children, taking care, and employment, recreational activities, into account the appropriate State standards and respite care; of support for maintenance and medical needs; (4) home improvement programs; (2) the operation and maintenance of facili- (5) the employment of professional and other ties and services for counseling and treatment trained personnel to assist the tribal court in of Indian families and Indian foster and adop- the disposition of domestic relations and child tive children; welfare matters; (3) family assistance, including homemaker (6) education and training of Indians, in