S 1214 · 95th Congress · Government Operations and Politics

Indian Child Welfare Act of 1978

Introduced 1977-04-01· Sponsored by Sen. Abourezk, James [D-SD]· Senate

Bill Progress

1
Introduced
Committee
Senate Vote
House
Enacted
Latest: Public Law 95-608.(1978-11-08)

Plain Language Summary

[AI summary unavailable — showing source text] Indian Child Welfare Act - Title I: Child Placement Standards - Sets standards concerning the validity of Indian Child placement including: (1) that such placement is made pursuant to an order of a tribal court, or where there is no such court that the Indian Tribe be accorded 30 days notice of such a placement proceeding and the right to intervene as an interested party; (2) that there be overwhelming evidence, including professional testimony, that the continued custody of the child would result in serious emotional harm to the child where there is parental or blood guardian opposition to the loss of such custody, or that there be clear and convincing evidence that such custody will result in serious physical harm to the child; and (3) that the voluntariness or consent to the loss of custody be certified by the witnessing judge. States that these provisions shall not effect temporary placements under circumstances where the physical or emotional well-being of the child is immediately threatened. Requires every nontribal government agency to grant a preference to members of the child's extended Indian family when such child is being offered for adoption. States that, absent good c…

Summarized by Claude AI · Non-partisan · For informational purposes only

Cosponsors (5)

5 Democrats