§1915 Placement of Indian children

Summary

Officials must follow special placement rules when an Indian child is adopted, put in foster care, or placed in a pre‑adoptive home under state law. For adoptions, the first choices, unless there is a good reason not to, are a member of the child’s extended family, other members of the child’s tribe, or other Indian families. For foster or pre‑adoptive placement, the child must go into the least restrictive, most family‑like setting that fits the child’s needs and is reasonably near home. Preference there goes to extended family, tribal‑approved foster homes, Indian foster homes approved by a non‑Indian licensing authority, or tribal‑approved Indian institutions. If the child’s tribe sets a different order, officials must follow it so long as the placement is still the least restrictive fit. The child’s or parent’s wishes should be considered, and a parent’s request for anonymity must be given weight. The community’s usual social and cultural standards must guide these choices. The state must keep a record of each such placement showing efforts to follow the preference order and must share it with the Secretary or the child’s tribe on request.