Title 25, IndiansRelease 119-110

§1903 Definitions

Title 25 › CHAPTER 21 — INDIAN CHILD WELFARE › § 1903

Last updated Sep 22, 2026|Official source

Summary

Defines important words used for Indian child custody cases. "Child custody proceeding" covers four kinds of actions: temporary foster care when a child is removed and the parent cannot get the child back on demand, ending the parent-child legal relationship, temporary placement after parental rights end but before adoption, and final adoption. It does not cover a placement tied to an act that would be a crime if an adult did it, or custody given to a parent in a divorce. "Extended family member" is set by the child’s tribe or, if the tribe has no rule, an adult (18+) who is a grandparent, aunt or uncle, sibling, sibling-in-law, niece or nephew, first or second cousin, or stepparent. "Indian" means someone who is a member of an Indian tribe or an Alaska Native who is a member of a Regional Corporation (see 43 U.S.C. 1606). "Indian child" means an unmarried person under age 18 who is either a tribal member or eligible for membership and is the biological child of a tribal member. "Indian child’s tribe" is the tribe where the child is a member or eligible, or, if more than one, the tribe with the child's stronger ties. "Indian custodian" is an Indian with legal custody under tribal or state law or who has temporary physical care given by the parent. "Indian organization" is a group owned or run by Indians or with a majority of Indian members. "Indian tribe" means any tribe or similar group recognized as eligible for federal Indian services (includes Alaska Native villages; see 43 U.S.C. 1602(c)). "Parent" means a biological or lawfully adoptive Indian parent and does not include an unmarried father whose paternity is not acknowledged or legally established. "Reservation" means Indian country as defined in 18 U.S.C. 1151 and other lands held in trust by the United States or held by tribes or Indians with federal restrictions on sale. "Secretary" means the Secretary of the Interior. "Tribal court" means a tribal body with authority over child custody cases, including Courts of Indian Offenses, courts under tribal law or custom, or other tribal administrative bodies.

Full Legal Text

Title 25, §1903

Indians, Source: USLM XML via OLRC

For the purposes of this chapter, except as may be specifically provided otherwise, the term—

(1)“child custody proceeding” shall mean and include—

(i)“foster care placement” which shall mean any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated;

(ii)“termination of parental rights” which shall mean any action resulting in the termination of the parent-child relationship;

(iii)“preadoptive placement” which shall mean the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; and

(iv)“adoptive placement” which shall mean the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.

Such term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one of the parents.

(2)“extended family member” shall be as defined by the law or custom of the Indian child’s tribe or, in the absence of such law or custom, shall be a person who has reached the age of eighteen and who is the Indian child’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent;

(3)“Indian” means any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in section 1606 of title 43;

(4)“Indian child” means any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe;

(5)“Indian child’s tribe” means (a) the Indian tribe in which an Indian child is a member or eligible for membership or (b), in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts;

(6)“Indian custodian” means any Indian person who has legal custody of an Indian child under tribal law or custom or under State law or to whom temporary physical care, custody, and control has been transferred by the parent of such child;

(7)“Indian organization” means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians;

(8)“Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary because of their status as Indians, including any Alaska Native village as defined in section 1602(c) of title 43;

(9)“parent” means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include the unwed father where paternity has not been acknowledged or established;

(10)“reservation” means Indian country as defined in section 1151 of title 18 and any lands, not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation;

(11)“Secretary” means the Secretary of the Interior; and

(12)“tribal court” means a court with jurisdiction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1903

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110