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25 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

(a) Subject coverage

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.

(b) Revocation;  notice;  actions or proceedings unaffected

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.

CREDIT(S)

(Pub.L. 95-608, Title I, § 109, Nov. 8, 1978, 92 Stat. 3074.)

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.

RESEARCH REFERENCES

Encyclopedias

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.

NOTES OF DECISIONS

Foster care services 1

  

1. Foster care services

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

Approved 07-28-05