Title 25, IndiansRelease 119-110

§1912 Pending Court Proceedings

Title 25 › CHAPTER 21 — INDIAN CHILD WELFARE › SUBCHAPTER I — CHILD CUSTODY PROCEEDINGS › § 1912

Last updated Sep 22, 2026|Official source

Summary

When someone in a State court wants to put an Indian child in foster care or end a parent’s rights, that person must mail a registered notice with return receipt to the child’s parent or Indian custodian and to the child’s tribe. If the parent, custodian, or tribe can’t be found, the notice goes to the Secretary, who then has 15 days to notify them. The court must wait at least 10 days after that notice before any foster placement or termination hearing, and the parent, custodian, or tribe can ask for up to 20 more days to prepare. If a parent is found to be poor, the court must appoint a lawyer for them in removal, placement, or termination cases. The court can also appoint a lawyer for the child if that is best for the child. If state law does not cover paying such lawyers, the court notifies the Secretary and the Secretary will pay reasonable fees from federal funds when the judge certifies it. All parties can see the reports and documents the court will use. The person asking for placement or termination must show they made active efforts to provide services to keep the family together and that those efforts failed. A foster placement needs clear and convincing evidence, including expert testimony, that keeping the child would likely cause serious emotional or physical harm. Ending parental rights requires proof beyond a reasonable doubt, with expert testimony, that keeping the child would likely cause serious emotional or physical harm.

Full Legal Text

Title 25, §1912

Indians, Source: USLM XML via OLRC

(a)Notice; time for commencement of proceedings; additional time for preparation

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)Appointment of counsel

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)Examination of reports or other documents

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)Remedial services and rehabilitative programs; preventive measures

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)Foster care placement orders; evidence; determination of damage to child

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)Parental rights termination orders; evidence; determination of damage to child

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

Sep 22, 2026

Release point: 119-110