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Title 42, The Public Health and WelfareRelease 119-110

§628d Effective Implementation of the Indian Child Welfare Act of 1978

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER IV — GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES › Part B — Child and Family Services › subpart 1 — stephanie tubbs jones child welfare services program › § 628d

Last updated Sep 22, 2026|Official source

Summary

The Secretary must create a plan by October 1, 2025, and give technical help to make sure the Indian Child Welfare Act of 1978 is followed. The Secretary must work with Indian tribal groups and States. The plan must use data to find where States are doing well and where they need to improve. At minimum it must look at timely identification of Indian children and relatives, timely tribal notice about child custody cases, reports on transfers of jurisdiction and reasons for denials, whether courts required active efforts, expert witness testimony, and proper evidence rules in foster care and termination cases, and whether required preferred placements were used and why not. If asked, the Secretary of the Interior must help the Secretary give guidance to States and child welfare agencies. Every two years the Secretary must send a written report to the House Ways and Means Committee and the Senate Finance Committee about how States are following the law and how the Secretary is helping States and tribes improve implementation.

Full Legal Text

Title 42, §628d

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general
Not later than October 1, 2025, the Secretary, in consultation with Indian tribal organizations and States, shall develop a plan and provide technical assistance supporting effective implementation of the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.], including specific measures identified in State plans as required by section 622(b)(9) of this title. The technical assistance plan shall be based on data sufficient to assess State strengths and areas for improvement in implementing Federal standards established under the Indian Child Welfare Act of 1978, including, at a minimum, the following:
(1)Timely identification of Indian children and extended family members.
(2)Timely tribal notice of State child custody proceedings involving an Indian child.
(3)Reports of cases in which a transfer of jurisdiction (as defined under the Indian Child Welfare Act of 1978) was granted or was not granted, and reasons specified for denial in cases where transfer was denied.
(4)In cases in which a State court orders a foster care placement of an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met.
(5)Whether an Indian child was placed in a placement that is required to be preferred under the Indian Child Welfare Act of 1978, and if not, the reasons specified.
(6)In cases in which a State court orders the termination of parental rights to an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met.
(b)Interagency coordination
On request of the Secretary, the Secretary of the Interior shall provide the Secretary with such guidance and assistance as may be necessary to facilitate informing States and public child welfare agencies on how to comply with the Indian Child Welfare Act of 1978, including specific measures identified in State plans as required by section 622(b)(9) of this title.
(c)Biennial reports to Congress
The Secretary shall biennially submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on how—
(1)the States are complying with the Indian Child Welfare Act of 1978 and section 622(b)(9) of this title, as informed by data collected under this section; and
(2)the Secretary is assisting States and Indian tribes to improve implementation of Federal standards established under the Indian Child Welfare Act of 1978.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Child Welfare Act of 1978, referred to in text, is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, which is classified generally to chapter 21 (§ 1901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see

Short Title

note set out under section 1901 of Title 25 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as an

Effective Date

of 2025 Amendment note under section 622 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 628d

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110