25 U.S.C. § 1903

Definitions

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For the purposes of this chapter, except as may be specifically provided otherwise, the term—(1) “child custody proceeding” shall mean and include—(i) “foster care placement” which shall mean any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated;(ii) “termination of parental rights” which shall mean any action resulting in the termination of the parent-child relationship;(iii) “preadoptive placement” which shall mean the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; and(iv) “adoptive placement” which shall mean the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.Such term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one of the parents.(2) “extended family member” shall be as defined by the law or custom of the Indian child’s tribe or, in the absence of such law or custom, shall be a person who has reached the age of eighteen and who is the Indian child’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent;(3) “Indian” means any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in section 1606 of title 43;(4) “Indian child” means any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe;(5) “Indian child’s tribe” means (a) the Indian tribe in which an Indian child is a member or eligible for membership or (b), in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts;(6) “Indian custodian” means any Indian person who has legal custody of an Indian child under tribal law or custom or under State law or to whom temporary physical care, custody, and control has been transferred by the parent of such child;(7) “Indian organization” means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians;(8) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary because of their status as Indians, including any Alaska Native village as defined in section 1602(c) of title 43;(9) “parent” means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include the unwed father where paternity has not been acknowledged or established;(10) “reservation” means Indian country as defined in section 1151 of title 18 and any lands, not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation;(11) “Secretary” means the Secretary of the Interior; and(12) “tribal court” means a court with jurisdiction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings.(Pub. L. 95–608, § 4, Nov. 8, 1978, 92 Stat. 3069.)

Notes of Decisions

Cited in 2,026 cases (1,012 in the last 5 years), 1980–2026 · leading case: In the Matter of M.K.T., 2016 OK 4 (Okla. 2016).

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In the Matter of M.K.T., 2016 OK 4 (Okla. 2016). · cites it 30× “52 25 U.S.C.A. § 1903 (1) and (4): For the purposes of this chapter, except as may be specifically provided otherwise, the term-- (1) "child custody proceeding" shall mean and include-- (i) "foster care placement" which shall mean any action removing an Indian child from its…”

R.B. v. C.W., 383 P.3d 492 (Wash. 2016). · cites it 17× “” 25 U.S.C. § 1903 (4). ICWA defines “parent” as “any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom.”

People v. W.B., 281 P.3d 906 (Cal. 2012). · cites it 14× “” ( 25 U.S.C. § 1903 (1).) The minor argues state legislation has expanded ICWA to delinquency proceedings under Welfare and Institutions Code section 602.”

Sacramento Cnty. Dep't of Health & Human Servs. v. Joseph A., 375 P.3d 879 (Cal. 2016). · cites it 8× “(a); 25 U.S.C. § 1903 (4)), thus leaving cases not involving Indian children subject to the statutes generally applicable in dependency proceedings.”

In the Matter of Adoption of Cd, 2008 ND 128 (N.D. 2008). · cites it 30× “[¶10] The parties agree that Chad is not a member of the Tribe, and subsection (a) of the statute does not apply.”

Jude M. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 394 P.3d 543 (Alaska 2017). · cites it 10× “2 25 U.S.C. § 1903 (4) (2012). -2 7168 1. Dana’s placement history Dana lived with both parents for her first nine months, but Jude then took her away because of his concerns about Marya’s heavy drinking.”

Adoption B.B. v. R.K.B., 2017 UT 59 (Utah 2017). · cites it 8× “See 25 U.S.C. § 1903 (9). The court then transferred custody *6 of the Child to the adoption agency and authorized it to delegate custody to the prospective adoptive parents.”

Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989). · cites it 6× “" 25 U. S. C. § 1903 (1)(iv). Moreover, the twins were "Indian children.”

People ex rel. N.G., 303 P.3d 1207 (Colo. Ct. App. 2012). · cites it 3× “Because these issues have not been raised on appeal, we express no opinion whether uncle is an "Indian custodian" as defined in 25 U.S.C. § 1903 (6); or, alternatively, whether the proposed allocation of parental rights to uncle constitutes a "foster care placement" as defined…”

State Ex Rel. Juv. Dep't v. England, 640 P.2d 608 (Or. 1982). · cites it 26× “§ 1903 (6): "Indian custodian means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law, or to whom temporary physical care, custody, and control has been transferred by the parent of such child;" We allowed petitioner's…”

Los Angeles Cnty. Dep't of Child. & Fam. Servs. v. Ashlee R., 373 P.3d 444 (Cal. 2016). · cites it 2× “) The “Secretary” refers to the United States Secretary of the Interior ( 25 U.S.C. § 1903 (11)), whose department includes the BIA.”

Jocelyn Lee Geouge v. Jason Barry Traylor, Dustin Griffith & Tiffany Vadella-Griffith, 808 S.E.2d 541 (Va. Ct. App. 2017). · cites it 4× “” 25 U.S.C. § 1903 (4). Moreover, the Act is limited to those Indian tribes that are federally recognized.”

Show all 2,026 citing cases →

— 25 U.S.C. § 1903(1) — 4 cases

State v. Pigg, 368 P.3d 771 (Okla. 2016).

In the Matter of M.H.C., 2016 OK 88 (Okla. 2016).

In re Adoption of T.A.W. (Wash. 2016).

— 25 U.S.C. § 1903(1)(i) — 3 cases

In the Matter of M.K.T., 2016 OK 4 (Okla. 2016). “52 25 U.S.C.A. § 1903 (1) and (4): For the purposes of this chapter, except as may be specifically provided otherwise, the term-- (1) "child custody proceeding" shall mean and include-- (i) "foster care placement" which shall mean any action removing an Indian child from its…”

In the Guardianship of C.H.S., 2016 OK CIV APP 72 (Okla. Civ. App. 2016).

In Re C.g.-r. ca4/2 (Cal. Ct. App. 2026).

— 25 U.S.C. § 1903(1)(iii) — 1 case

— 25 U.S.C. § 1903(1)(iv) — 1 case

— 25 U.S.C. § 1903(10) — 1 case

Hammer v. State, 2022 OK 80 (Okla. 2022).

— 25 U.S.C. § 1903(2) — 3 cases

In re Adoption of T.A.W. (Wash. 2016).

Adoption of J.T. CA1/5 (Cal. Ct. App. 2014).

— 25 U.S.C. § 1903(4) — 16 cases

In Re the Matter of J.D.M.C., 2007 SD 97 (S.D. 2007).

Caitlyn E. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 399 P.3d 646 (Alaska 2017).

Searle v. Searle, 2001 UT App 367 (Utah Ct. App. 2001).

In the Matter of M.H.C., 2016 OK 88 (Okla. 2016).

— 25 U.S.C. § 1903(4)(b) — 1 case

Native Vill. of Chignik Lagoon v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., & Native Vill. of Wales, 518 P.3d 708 (Alaska 2022).

— 25 U.S.C. § 1903(6) — 1 case

Yavapai-Apache Tribe v. Mejia, 906 S.W.2d 152 (Tex. App. 1995).

— 25 U.S.C. § 1903(8) — 1 case

Yavapai-Apache Tribe v. Mejia, 906 S.W.2d 152 (Tex. App. 1995).

— 25 U.S.C. § 1903(9) — 2 cases

Yavapai-Apache Tribe v. Mejia, 906 S.W.2d 152 (Tex. App. 1995).

In Re A.B. ca4/2 (Cal. Ct. App. 2024).

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