Title 25 — IndiansRelease 119-73
§286 Sending child to school out of State without consent
Title 25 › Chapter CHAPTER 7— - EDUCATION OF INDIANS › § 286
Summary
An Indian child cannot be taken from a reservation to attend school outside the State or Territory unless a living parent (or, if no parent is alive, the next of kin) gives voluntary consent in front of the reservation agent, who must certify that consent to the Commissioner of Indian Affairs before the child is removed. Indian agents or government workers may not try to get consent by withholding rations or by improper means.
Full Legal Text
Title 25, §286
Indians — Source: USLM XML via OLRC
No Indian child shall be sent from any Indian reservation to a school beyond the State or Territory in which said reservation is situated without the voluntary consent of the father or mother of such child if either of them is living, and if neither of them is living without the voluntary consent of the next of kin of such child. Such consent shall be made before the agent of the reservation, and he shall send to the Commissioner of Indian Affairs his certificate that such consent has been voluntarily given before such child shall be removed from such reservation. And it shall be unlawful for any Indian agent or other employee of the Government to induce, or seek to induce, by withholding rations or by other improper means, the parents or next of kin of any Indian to consent to the removal of any Indian child beyond the limits of any reservation.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Indian AgentsThe services of Indian agents have been dispensed with. See note set out under section 64 of this title.
Executive Documents
Transfer of Functions
For
Transfer of Functions
of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
Reference
Citations & Metadata
Citation
25 U.S.C. § 286
Title 25 — Indians
Last Updated
Apr 6, 2026
Release point: 119-73