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42 U.S.C. § 628dEffective implementation of the Indian Child Welfare Act of 1978

submitted 91 years ago by Pub. L. 118-258 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 422 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must create a plan and provide assistance to improve implementation of the Indian Child Welfare Act, and must report to Congress every two years.

(a) General rule. By October 1, 2025, the Secretary, consulting Indian tribal organizations and States, must develop a plan and provide technical assistance for effective implementation of the Indian Child Welfare Act of 1978, including State-plan measures required by section 622(b)(9). The plan must use enough data to assess State strengths and improvement areas and must cover: (1) timely identification of Indian children and extended family; (2) timely tribal notice of State custody proceedings involving an Indian child; (3) reports on granted or denied transfers of jurisdiction and reasons for denial; (4) in foster-care orders, whether active efforts, qualified-expert testimony, and evidence standards were met; (5) whether the child received a placement preferred by the Act and, if not, the stated reasons; and (6) in termination-of-parental-rights orders, whether active efforts, qualified-expert testimony, and evidence standards were met. (b) Coordination. At the Secretary’s request, the Secretary of the Interior must provide guidance and assistance to help States and public child-welfare agencies comply with the Act, including the specified State-plan measures. (c) Reports. Every two years, the Secretary must give the House Ways and Means Committee and Senate Finance Committee a written report on (1) State compliance, based on data collected under this section, and (2) the Secretary’s assistance to States and tribes in improving implementation of the Act’s Federal standards.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Not later than October 1, 2025, the Secretary, in consultation with Indian tribal organizations and States, shall develop a plan and provide technical assistance supporting effective implementation of the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.], including specific measures identified in State plans as required by section 622(b)(9) of this title. The technical assistance plan shall be based on data sufficient to assess State strengths and areas for improvement in implementing Federal standards established under the Indian Child Welfare Act of 1978, including, at a minimum, the following:

(1)

Timely identification of Indian children and extended family members.

(2)

Timely tribal notice of State child custody proceedings involving an Indian child.

(3)

Reports of cases in which a transfer of jurisdiction (as defined under the Indian Child Welfare Act of 1978) was granted or was not granted, and reasons specified for denial in cases where transfer was denied.

(4)

In cases in which a State court orders a foster care placement of an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met.

(5)

Whether an Indian child was placed in a placement that is required to be preferred under the Indian Child Welfare Act of 1978, and if not, the reasons specified.

(6)

In cases in which a State court orders the termination of parental rights to an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met.

(b) Interagency coordination

On request of the Secretary, the Secretary of the Interior shall provide the Secretary with such guidance and assistance as may be necessary to facilitate informing States and public child welfare agencies on how to comply with the Indian Child Welfare Act of 1978, including specific measures identified in State plans as required by section 622(b)(9) of this title.

(c) Biennial reports to Congress

The Secretary shall biennially submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on how—

(1)

the States are complying with the Indian Child Welfare Act of 1978 and section 622(b)(9) of this title, as informed by data collected under this section; and

(2)

the Secretary is assisting States and Indian tribes to improve implementation of Federal standards established under the Indian Child Welfare Act of 1978.

Source credit: (Aug. 14, 1935, ch. 531, title IV, § 429B, as added Pub. L. 118–258, title I, § 107(a)(2)(B), Jan. 4, 2025, 138 Stat. 2954.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 118-258 · 138 Stat. 2954

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-258 on 1935-08-14.

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