Title 25, IndiansRelease 119-102
§1920 Improper Removal of Child From Custody; Declination of Jurisdiction; Forthwith Return of Child: Danger Exception
Title 25 › CHAPTER 21 — INDIAN CHILD WELFARE › SUBCHAPTER I — CHILD CUSTODY PROCEEDINGS › § 1920
Summary
If someone in a state child custody case wrongfully takes an Indian child from their parent or Indian custodian, or keeps the child after a visit or temporary handover, the court must refuse the case and immediately return the child to the parent or Indian custodian unless doing so would put the child in a real, serious, and immediate danger.
Full Legal Text
Title 25, §1920
Indians, Source: USLM XML via OLRC
Where any petitioner in an Indian child custody proceeding before a State court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his parent or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of such danger.
Reference
Citations & Metadata
Citation
25 U.S.C. § 1920
Title 25, Indians
Last Updated
Aug 21, 2026
Release point: 119-102