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25 U.S.C.A. § 1923

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


§ 1923. Effective date


None of the provisions of this subchapter, except sections 1911(a), 1918, and 1919 of this title, shall affect a proceeding under State law for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement which was initiated or completed prior to one hundred and eighty days after November 8, 1978, but shall apply to any subsequent proceeding in the same matter or subsequent proceedings affecting the custody or placement of the same child.


CREDIT(S) (Pub.L. 95-608, Title I, § 113, 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


Prior proceedings 1

Subsequent proceedings 2

  

1. Prior proceedings


Where proceedings to terminate mother's parental rights to children was initiated prior to effective date, provisions of this chapter were not applicable on remand.  E. A. v. State, Alaska 1981, 623 P.2d 1210. Infants  132


2. Subsequent proceedings


Adult adoptee's petition to examine her adoption records to establish her Indian heritage qualified as "subsequent proceeding," within meaning of provision of Indian Child Welfare Act regarding adult adoptee's entitlement to information regarding biological parents.  Matter of Hanson, Mich.App.1991, 470 N.W.2d 669, 188 Mich.App. 392.  Indians  6.10


Dispositional hearing held on Feb. 12, 1980, was continuation of hearing held Oct. 30, 1978, which was itself continued from hearing held Dec. 22, 1977, following appeal to district court from county court's finding that Indian child was neglected and dependent and terminating parental rights of his natural parents, and was not a subsequent proceeding in matter of termination to which this chapter, which became effective May 7, 1979, applied, and thus state was not required to comply with substantive and procedural requirements of this chapter.  Bird Head v. Tail, Neb.1981, 308 N.W.2d 837, 209 Neb. 575.  Infants  132


Termination proceeding which was initiated prior to enactment of this chapter, but which, because of order holding petition for termination in abeyance for one year, was not concluded until after this chapter became effective was a proceeding for "continuance," rather than a "subsequent proceeding," and was a proceeding as to which this chapter did not apply.  Matter of R. N., S.D.1981, 303 N.W.2d 102.  Infants  132


Hearing required to be held in superior court prior to entering a final decree of adoption would be a "subsequent proceeding in the same matter," following adoptive placement of natural grandparents' grandchildren, which would render this chapter applicable and give superior court jurisdiction over claim by natural grandparents that placement of Eskimo children in adoptive home by Department of Health and Social Services deprived them of right, under this chapter, to preference in the adoptive placement.  E. A. v. State, Alaska 1981, 623 P.2d 1210.  Adoption  10


This chapter which established minimum federal standards for removal of Indian children from their families and which did not apply to adoptive placement initiated or completed prior to 180 days after Nov. 8, 1978, did not apply insofar as finality of adoption was concerned where final adoption hearing was held within 180 days after Nov. 8, 1978, and action to vacate adoption, filed on Oct. 26, 1979, was not a "subsequent proceeding" so that this section would be applicable.  Matter of Adoption of Baby Nancy, Wash.App.1980, 616 P.2d 1263, 27 Wash.App. 278, review denied.  Adoption  16


25 U.S.C.A. § 1923, 25 USCA § 1923



Approved 07-28-05


 

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