25 U.S.C. § 1917
Tribal affiliation information and other information for protection of rights from tribal relationship; application of subject of adoptive placement; disclosure by court
Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement, the court which entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual’s biological parents and provide such other information as may be necessary to protect any rights flowing from the individual’s tribal relationship.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1993–2022 · leading case: Desiree F. v. Daniel F., 99 Cal. Rptr. 2d 688 (Cal. Ct. App. 2000).
Desiree F. v. Daniel F., 99 Cal. Rptr. 2d 688 (Cal. Ct. App. 2000). “The ICWA provides that when an adoptive Indian child reaches the age of 18, the court which entered the final decree of adoption must inform the Indian child of his or her tribal affiliation, biological parents, and any other information as may be necessary to protect and…”
Sacramento Cnty. Dep't of Health & Human Servs. v. N.Y., 208 Cal. App. 4th 34 (Cal. Ct. App. 2012). “” ( 25 U.S.C. § 1917 , italics added.) *42 The court ordered mother to fill out an Indian ancestry questionnaire to provide DHHS with the relevant information.”
Adoptive Couple v. Baby Girl, 731 S.E.2d 550 (S.C. 2012). “25 U.S.C. § 1917 . Thus, I am persuaded that Baby Girl will have a knowledge of and appreciation for her cultural heritage.”
In Re Melissa R., 177 Cal. App. 4th 24 (Cal. Ct. App. 2009). “Although ICWA gives adopted Indian children over the age of 18 the right to certain information concerning their parentage and tribal affiliation ( 25 U.S.C. §§ 1917 , 1951), those provisions apply only to individuals who, unlike Melissa, were in an adoptive placement.”
Alameda Cnty. Soc. Servs. Agency v. S.V., 177 Cal. App. 4th 24 (Cal. Ct. App. 2009). “Although the ICWA gives adopted Indian children over the age of 18 the right to certain information concerning their parentage and tribal affiliation ( 25 U.S.C. §§ 1917 , 1951), those provisions apply only to individuals who, unlike Melissa, were in an adoptive placement.”
In re the Adoption of Rebecca, 158 Misc. 2d 644 (N.Y. Sur. Ct. 1993). “Other portions of the ICWA ( 25 USC §§ 1917 , 1923) which apply to this case state: "§ 1917.”
In re Giovanna A. CA1/2 (Cal. Ct. App. 2016). “’ ( 25 U.S.C. § 1917 ; italics added.)” (In re C.”
in the Interest of H.L.S. & W.A.S., Child. (Tex. App. 2022). “1996); see 25 U.S.C. § 1917 (requiring a court to inform an adoptee of tribal affiliation if requested by an adoptee who has reached the age of eighteen).”
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