U.S. Code » Title 25 » Chapter CHAPTER 21— INDIAN CHILD WELFARE › Subchapter SUBCHAPTER I— CHILD CUSTODY PROCEEDINGS

25 U.S.C. § 1915

Placement of Indian children

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(a) Adoptive placements; preferences

In any adoptive placement of an Indian child under State law, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a member of the child’s extended family; (2) other members of the Indian child’s tribe; or (3) other Indian families.

(b) Foster care or preadoptive placements; criteria; preferencesAny child accepted for foster care or preadoptive placement shall be placed in the least restrictive setting which most approximates a family and in which his special needs, if any, may be met. The child shall also be placed within reasonable proximity to his or her home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with—(i) a member of the Indian child’s extended family;(ii) a foster home licensed, approved, or specified by the Indian child’s tribe;(iii) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or(iv) an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child’s needs.(c) Tribal resolution for different order of preference; personal preference considered; anonymity in application of preferences

In the case of a placement under subsection (a) or (b) of this section, if the Indian child’s tribe shall establish a different order of preference by resolution, the agency or court effecting the placement shall follow such order so long as the placement is the least restrictive setting appropriate to the particular needs of the child, as provided in subsection (b) of this section. Where appropriate, the preference of the Indian child or parent shall be considered: Provided, That where a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences.

(d) Social and cultural standards applicable

The standards to be applied in meeting the preference requirements of this section shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties.

(e) Record of placement; availability

A record of each such placement, under State law, of an Indian child shall be maintained by the State in which the placement was made, evidencing the efforts to comply with the order of preference specified in this section. Such record shall be made available at any time upon the request of the Secretary or the Indian child’s tribe.

(Pub. L. 95–608, title I, § 105, Nov. 8, 1978, 92 Stat. 3073.)
Notes of Decisions
Cited in 352 cases (81 in the last 5 years), 1981–2026 · leading case: Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).
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Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021). · cites it 18× “18-11479 Indian families,” 25 U.S.C. § 1915 (a)(3), and its foster care placement preference for a licensed “Indian foster home,” § 1915(b)(iii).”
In Re the Adoption of Sara J., 123 P.3d 1017 (Alaska 2005). · cites it 26× “[12] Thus, 25 U.S.C. § 1915 (a) provides: In any adoptive placement of an Indian child under State law, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a member of the child's extended family; (2) other members of the Indian…”
In the Matter of M.K.T., 2016 OK 4 (Okla. 2016). · cites it 15× “" 9 ¶43 The preferences in the ICWA for adoptive, preadoptive, and foster care, placements are set forth in 25 U.S.C.A. § 1915: (a) Adoptive placements; preferences In any adoptive placement of an Indian child under State law, a preference shall be given, in the absence of good…”
In re T.S.W., 276 P.3d 133 (Kan. 2012). · cites it 21× “It is unclear from the record whether the district court considered if good cause existed to deviate from ICWA’s foster care and preadoptive placement preferences under 25 U.S.C. § 1915 (b) before issuing a temporary placement order.”
Jon S. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 212 P.3d 756 (Alaska 2009). · cites it 8× “[34] 25 U.S.C. § 1915 (a) (2006); cf. AS 47.14.”
Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018). · cites it 14× “25 U.S.C. § 1915 (e). Additionally, state courts entering final decrees must provide the Secretary of the Interior with a copy of the decree or order, along with the name and tribal affiliation of the child, names of the biological parents, names of the adoptive parents, and the…”
A.D.T. v. State, 200 P.3d 194 (Utah Ct. App. 2008). · cites it 11× “In any foster ~eare or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with- (i) a member of the Indian child's extended family; (ii) a foster home licensed, approved, or specified by the Indian child's tribe; ()…”
Native Vill. of Tununak v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 303 P.3d 431 (Alaska 2013). · cites it 11× “In December 2011 the superior court issued a written order concluding there was good cause under 25 U.S.C. § 1915 (a) to deviate from the ICWA adoptive placement preferences.”
Cherokee Nation v. Nomura, 2007 OK 40 (Okla. 2007). · cites it 12× “We consider the right of an Indian mother to place her child voluntarily for adoption with out of state non-Indian adoptive parents without consideration of the placement preferences of the Federal Act, 25 U.S.C. § 1915 , or utilizing "to the maximum extent possible" the…”
In re Baby Boy C., 27 A.D.3d 34 (N.Y. App. Div. 2005). · cites it 12× “Finally, 25 USC § 1915 provides substantive standards for placement of Indian children in different types of child custody proceedings.”
State v. Pigg, 368 P.3d 771 (Okla. 2016). · cites it 4× “20 J 46 When applymg the “good cause" exception to the placement preferences in 25 U.S.C. § 1915 , the Guidelines provide: (a) For purposes of foster care, preadop-tive or adoptive placement, a determination of good ecause not to follow the order of preference set out above…”
Josh L. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 276 P.3d 457 (Alaska 2012). · cites it 12× “[28] 25 U.S.C. § 1915 (a)-(b) (2006). [29] David S.”
Show all 352 citing cases →
— 25 U.S.C. § 1915(a) — 1 case
In the Matter of Minor Child G.V., 2016 OK CIV APP 6 (Okla. Civ. App. 2015).
— 25 U.S.C. § 1915(b) — 2 cases
A.J. v. State, Dep't of Health & Soc. Servs., 62 P.3d 609 (Alaska 2003).
In Re the Appeal in Coconino Cnty. Juv. Action No. J-10175, 736 P.2d 829 (Ariz. Ct. App. 1987).
— 25 U.S.C. § 1915(c) — 2 cases
State v. Pigg, 368 P.3d 771 (Okla. 2016). “20 J 46 When applymg the “good cause" exception to the placement preferences in 25 U.S.C. § 1915 , the Guidelines provide: (a) For purposes of foster care, preadop-tive or adoptive placement, a determination of good ecause not to follow the order of preference set out above…”
In re Hannah B. CA2/2 (Cal. Ct. App. 2024).
— 25 U.S.C. § 1915(d) — 2 cases
State v. Pigg, 368 P.3d 771 (Okla. 2016). “20 J 46 When applymg the “good cause" exception to the placement preferences in 25 U.S.C. § 1915 , the Guidelines provide: (a) For purposes of foster care, preadop-tive or adoptive placement, a determination of good ecause not to follow the order of preference set out above…”
In Re Interest of Bird Head, 331 N.W.2d 785 (Neb. 1983).
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