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25 U.S.C.A. § 1922

United States Code Annotated
Title 25.  Indians
Chapter 21. Indian Child Welfare (Refs & Annos)


§ 1922. Emergency removal or placement of child;  termination;  appropriate action


Nothing in this subchapter shall be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from his parent or Indian custodian or the emergency placement of such child in a foster home or institution, under applicable State law, in order to prevent imminent physical damage or harm to the child.  The State authority, official, or agency involved shall insure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of this subchapter, transfer the child to the jurisdiction of the appropriate Indian tribe, or restore the child to the parent or Indian custodian, as may be appropriate.


CREDIT(S)


(Pub.L. 95-608, Title I, § 112, Nov. 8, 1978, 92 Stat. 3075).


HISTORICAL AND STATUTORY NOTES


Revision Notes and Legislative Reports


1978 Acts. House Report No. 95-1386, see 1978 U.S. Code Cong. and Adm. News, p. 7530.


LIBRARY REFERENCES


American Digest System


Indians 6(2), 32(11).


Key Number System Topic No. 209.


NOTES OF DECISIONS


Hearing 3

Nonreservation Indian child 2

State law 1

  

1. State law


Hearing on custody of Indian child was emergency custody proceeding under 25 U.S.C.A. § 1922, where voluntary placement agreement for child had expired, mother had failed to retrieve child, and mother was nowhere to be found;  at that time child became abandoned child, and thus "child in need of aid" under AS 47.10.010(a)(2)(A), requiring emergency intervention under § 1922. D.E.D. v. State, Alaska 1985, 704 P.2d 774.


Emergency removal under this section delineating causes for which Children's Services Division may take temporary custody of a child is initially purely a state law matter and is not subject to all of the requirement of this chapter.  State ex rel. Juvenile Dept. of Multnomah County v. Charles, Or.App.1984, 688 P.2d 1354, 70 Or.App. 10, review allowed 693 P.2d 48, 298 Or. 427, review dismissed 701 P.2d 1052, 299 Or. 341.  Indians  6.6(1);  Infants  192


2. Nonreservation Indian child


Although this section governing emergency removal or placement of Indian child, by terms applies only to "an Indian child who is a resident of or is domiciled on a reservation, but temporary located off the reservation," it is implicit that "emergency removal" authority extends to nonreservation Indian children. State ex rel. Juvenile Dept. of Multnomah County v. Charles, Or.App.1984, 688 P.2d 1354, 70 Or.App. 10, review allowed 693 P.2d 48, 298 Or. 427, review dismissed 701 P.2d 1052, 299 Or. 341.  Indians  6.6(1)


3. Hearing


Hearing in which State's temporary custody of Indian child was extended to allow time for parents to be served with notice before trial on adjudication of child in need of aid was an emergency custody proceeding falling under 25 U.S.C.A. § 1922, where voluntary placement agreement for child had expired, mother had failed to retrieve her son, mother could not be reached for hearing on temporary custody approximately one month earlier, and extension of temporary custody to State would have expired on following day.  D.E.D. v. State, Alaska 1985, 704 P.2d 774.


25 U.S.C.A. § 1922, 25 USCA § 1922



Approved 07-28-05

 

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