25 U.S.C. § 286 — Sending child to school out of State without consent

submitted 132 years ago by ch. 290 to r/title-25-INDIANS · 153 words · no verdicts yet

in plain englishAI-generated · not legal advice

No Indian child can be sent to an out-of-state school without a parent's consent. If both parents are dead, the next of kin must consent instead. Government agents cannot pressure families into giving that consent.

This section protects Indian children from being sent away to school without real family consent. No Indian child may be sent from a reservation to a school outside that state or territory unless a parent agrees. If the father or mother is alive, that parent must give voluntary consent. If neither parent is living, the child's next of kin must give voluntary consent instead. This consent must be given in front of the reservation's agent. That agent then sends a certificate to the Commissioner of Indian Affairs, confirming the consent was given voluntarily, before the child can be moved. It's against the law for any Indian agent or other government employee to pressure a parent or next of kin into consenting. This includes withholding rations — food or supplies the family is owed — or using any other improper means to force the removal.

the actual law source: uscode.house.gov ↗public domain

No Indian child shall be sent from any Indian reservation to a school beyond the State or Territory in which said reservation is situated without the voluntary consent of the father or mother of such child if either of them is living, and if neither of them is living without the voluntary consent of the next of kin of such child. Such consent shall be made before the agent of the reservation, and he shall send to the Commissioner of Indian Affairs his certificate that such consent has been voluntarily given before such child shall be removed from such reservation. And it shall be unlawful for any Indian agent or other employee of the Government to induce, or seek to induce, by withholding rations or by other improper means, the parents or next of kin of any Indian to consent to the removal of any Indian child beyond the limits of any reservation.

Source credit: (Aug. 15, 1894, ch. 290, § 11, 28 Stat. 313; Mar. 2, 1895, ch. 188, § 1, 28 Stat. 906.)

history & why it existsrecord from the source credit

1894Enacted · Act of Aug. 15, 1894, ch. 290 · 28 Stat. 313
1895Amended · Act of Mar. 2, 1895, ch. 188 · 28 Stat. 906

A history note hasn’t been published yet. The record shows enactment by ch. 290 on 1894-08-15.

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