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25 U.S.C. § 1922Emergency removal or placement of child; termination; appropriate action

submitted 48 years ago by Pub. L. 95-608 to r/title-25-INDIANS · 144 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section allows emergency removal or foster-home or institution placement of an Indian child under applicable State law to prevent imminent physical damage or harm. The involved State authority, official, or agency must end the removal or placement when it is no longer needed and must promptly take one of the listed child-custody actions.

Nothing in this subchapter prevents, under applicable State law, the emergency removal of an Indian child who lives or is domiciled on a reservation but is temporarily off the reservation from the child’s parent or Indian custodian. It also does not prevent the emergency placement of the child in a foster home or institution. The removal or placement must be for the purpose of preventing imminent physical damage or harm to the child. The State authority, official, or agency involved must make sure that the emergency removal or placement ends immediately when it is no longer needed to prevent imminent physical damage or harm to the child. It must promptly begin a child-custody proceeding subject to this subchapter, transfer the child to the jurisdiction of the appropriate Indian tribe, or return the child to the parent or Indian custodian, as appropriate.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 95–608, title I, § 112, Nov. 8, 1978, 92 Stat. 3075.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-608 · 92 Stat. 3075

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-608 on 1978-11-08.

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