§1915 Placement of Indian Children

Summary

When placing an Indian child for adoption, foster care, or preadoptive care, agencies and courts must try certain homes first unless there is a good reason not to. For adoption, the first choices are a member of the child’s extended family, other members of the child’s tribe, and then other Indian families. For foster or preadoptive care, the child must go into the least restrictive, most family-like setting that meets any special needs and is reasonably close to home. The foster/preadoptive order of choice is extended family; a home licensed or approved by the child’s tribe; an Indian foster home licensed by a non-tribal agency; or an institution approved by a tribe or run by an Indian organization with a suitable program. If the child’s tribe passes a different order of preference, the agency or court must follow the tribe’s order so long as it fits the child’s needs. The child’s or parent’s wishes should be considered, and a parent who wants to stay anonymous should be given weight. Decisions must use the social and cultural standards of the Indian community tied to the family. States must keep records showing efforts to follow these preferences and must share them with the Secretary or the child’s tribe on request.