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U.S.C.A. § 1919
United States Code Annotated
Title 25. Indians
Chapter 21. Indian Child Welfare (Refs & Annos)
Subchapter I. Child Custody Proceedings
§ 1919. Agreements between States and Indian tribes
States and Indian tribes are authorized to enter into agreements with each other respecting care and custody of Indian children and jurisdiction over child custody proceedings, including agreements which may provide for orderly transfer of jurisdiction on a case-by-case basis and agreements which provide for concurrent jurisdiction between States and Indian tribes.
Such agreements may be revoked by either party upon one hundred and eighty days' written notice to the other party. Such revocation shall not affect any action or proceeding over which a court has already assumed jurisdiction, unless the agreement provides otherwise.
(Pub.L. 95-608, Title I, § 109, Nov. 8, 1978, 92 Stat. 3074.)
Revision Notes and Legislative Reports
1978 Acts. House Report No. 95-1386, see 1978 U.S. Code Cong. and Adm. News, p. 7530.
Indians 6(2), 32(11).
Key Number System Topic No. 209.
Am. Jur. 2d Indians § 148, Agreements With State as to Care and Custody.
Treatises and Practice Aids
Federal Procedure, Lawyers Edition § 46:470, Jurisdiction Agreements Between States and Indian Tribes.
Federal Procedure, Lawyers Edition § 46:471, Revocation.
For purposes of federal foster care program's requirement that child's placement be with public agency with whom state has agreement, in order to be entitled to federal foster care funds, state was not required to enter into agreement with Indian Tribe concerning its foster care services; thus, in absence of any agreement between state and Tribe, Tribe was not entitled to federal foster care funds in regard to child placed in foster care by tribal authority. Native Village of Stevens v. Smith, C.A.9 (Alaska) 1985, 770 F.2d 1486, certiorari denied 106 S.Ct. 1640, 475 U.S. 1121, 90 L.Ed.2d 185.
Voluntary foster home placement agreement between county and parents of Indian child was categorically independent of judicial authority, including tribal court exclusive authority over child custody matters under Indian Child Welfare Act, and thus, jurisdiction granted to tribal court under Act did not bar negligence claim against county with regard to injuries incurred by Indian child while in foster home. Sayers by Sayers v. Beltrami County, Minn.App.1991, 472 N.W.2d 656, review granted, reversed 481 N.W.2d 547. Indians 6.6(2)
25 U.S.C.A. § 1919, 25 USCA § 1919