Title 25 — IndiansRelease 119-73not60

§1912 Pending Court Proceedings

Title 25 › Chapter 21— INDIAN CHILD WELFARE › Subchapter I— CHILD CUSTODY PROCEEDINGS › § 1912

Last updated Apr 5, 2026|Official source

Summary

If a state court case could put a Native American child in foster care or end a parent’s rights, the person asking for that must mail notice to the child’s parent or Indian custodian and the child’s tribe by registered mail and get a return receipt. If the parent, custodian, or tribe can’t be found, the notice goes to the Secretary, who then has 15 days to notify them. No foster placement or termination hearing can happen until at least 10 days after the notice is received, and the parent, custodian, or tribe can ask for up to 20 more days to prepare. If a parent is poor, the court must provide a lawyer in removal, placement, or termination cases. The court can also appoint a lawyer for the child if it’s best for the child. Everyone has the right to see court reports and papers used in the case. The party asking for placement or termination must show they made active efforts to offer services to keep the family together and that those efforts failed. To order foster care, the court needs clear and convincing evidence, including qualified expert testimony, that keeping the child with the parent or custodian is likely to cause serious emotional or physical harm. To end parental rights, the court must find that fact beyond a reasonable doubt, also with qualified expert testimony.

Full Legal Text

Title 25, §1912

Indians — Source: USLM XML via OLRC

(a)In any involuntary proceeding in a State court, where the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement of, or termination of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child’s tribe, by registered mail with return receipt requested, of the pending proceedings and of their right of intervention. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, such notice shall be given to the Secretary in like manner, who shall have fifteen days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. No foster care placement or termination of parental rights proceeding shall be held until at least ten days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary: Provided, That the parent or Indian custodian or the tribe shall, upon request, be granted up to twenty additional days to prepare for such proceeding.

(b)In any case in which the court determines indigency, the parent or Indian custodian shall have the right to court-appointed counsel in any removal, placement, or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that such appointment is in the best interest of the child. Where State law makes no provision for appointment of counsel in such proceedings, the court shall promptly notify the Secretary upon appointment of counsel, and the Secretary, upon certification of the presiding judge, shall pay reasonable fees and expenses out of funds which may be appropriated pursuant to section 13 of this title.

(c)Each party to a foster care placement or termination of parental rights proceeding under State law involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to such action may be based.

(d)Any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under State law shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful.

(e)No foster care placement may be ordered in such proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

(f)No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1912

Title 25 — Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60