§1915 Placement of Indian Children

Summary

When an Indian child is put up for adoption under state law, the state must try first to place the child with family members, then with other members of the child’s tribe, and then with other Indian families, unless there is a good reason not to. For foster care or preadoptive placements, the child must go into the least restrictive setting that feels like a family and meets any special needs. The placement should be near the child’s home when possible. For foster care, preference goes, unless there is good reason otherwise, to extended family; foster homes chosen or approved by the child’s tribe; Indian foster homes approved by a non‑Indian authority; or institutions approved by a tribe or run by an Indian organization with a suitable program. If the child’s tribe passes a resolution that changes the order of preference, the court or agency must follow the tribe’s order so long as the placement is still the least restrictive setting that fits the child’s needs. The child’s or parent’s wishes should be considered, and a parent’s wish to stay anonymous should be given weight. The standards used to meet these preferences must match the social and cultural ways of the Indian community involved. The state must keep a record of each Indian child placement showing efforts to follow these preferences and must provide that record on request to the Secretary or the child’s tribe.