42 USC 628d - Effective implementation of the Indian Child Welfare Act of 1978

U.S Code last checked for updates: Feb 22, 2025

§ 628d.

Effective implementation of the Indian Child Welfare Act of 1978

(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

(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.

(Pub. L. 118–258, title I, § 107(a)(2)(B), Jan. 4, 2025, 138 Stat. 2954.)

cite as: 42 USC 628d