Title 25 — IndiansRelease 119-73not60

§1922 Emergency Removal or Placement of Child; Termination; Appropriate Action

Title 25 › Chapter 21— INDIAN CHILD WELFARE › Subchapter I— CHILD CUSTODY PROCEEDINGS › § 1922

Last updated Apr 5, 2026|Official source

Summary

If an Indian child normally lives on a reservation but is temporarily off it, state officials may in an emergency take the child from the parent or Indian custodian or place the child in a foster home or institution under state law to stop immediate physical danger or injury. The state must stop the emergency removal or placement as soon as it is no longer needed. The state must then quickly start a child custody case that follows the rules in this part of the law, or transfer the child to the tribe’s authority, or return the child to the parent or Indian custodian, as appropriate.

Full Legal Text

Title 25, §1922

Indians — Source: USLM XML via OLRC

Nothing in this subchapter shall be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from his parent or Indian custodian or the emergency placement of such child in a foster home or institution, under applicable State law, in order to prevent imminent physical damage or harm to the child. The State authority, official, or agency involved shall insure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of this subchapter, transfer the child to the jurisdiction of the appropriate Indian tribe, or restore the child to the parent or Indian custodian, as may be appropriate.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1922

Title 25 — Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60