Title 25 — IndiansRelease 119-73
§1920 Improper removal of child from custody; declination of jurisdiction; forthwith return of child: danger exception
Title 25 › Chapter CHAPTER 21— - INDIAN CHILD WELFARE › Subchapter SUBCHAPTER I— - CHILD CUSTODY PROCEEDINGS › § 1920
Summary
If someone in a state court case about an Indian child's custody took the child from the child's parent or Indian custodian without the right to do so, or kept the child after a visit or temporary handoff, the court must refuse to hear the case and must immediately return the child to that parent or Indian custodian. The court does not have to return the child if sending the child back would put them in serious and immediate danger or create a clear threat of that danger.
Full Legal Text
Title 25, §1920
Indians — Source: USLM XML via OLRC
Where any petitioner in an Indian child custody proceeding before a State court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his parent or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of such danger.
Reference
Citations & Metadata
Citation
25 U.S.C. § 1920
Title 25 — Indians
Last Updated
Apr 6, 2026
Release point: 119-73