25 U.S.C. § 1918
Reassumption of jurisdiction over child custody proceedings
United States · Title 25 — INDIANS · Status: effective
Cite this
- Citation
- 25 U.S.C. § 1918, Reassumption of jurisdiction over child custody proceedings, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/461350
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Full text
Any Indian tribe which became subject to State jurisdiction pursuant to the provisions of the Act of August 15, 1953 (67 Stat. 588), as amended by title IV of the Act of April 11, 1968 (82 Stat. 73, 78), or pursuant to any other Federal law, may reassume jurisdiction over child custody proceedings. Before any Indian tribe may reassume jurisdiction over Indian child custody proceedings, such tribe shall present to the Secretary for approval a petition to reassume such jurisdiction which includes a suitable plan to exercise such jurisdiction.
In considering the petition and feasibility of the plan of a tribe under subsection (a), the Secretary may consider, among other things:
If the Secretary approves any petition under subsection (a), the Secretary shall publish notice of such approval in the Federal Register and shall notify the affected State or States of such approval. The Indian tribe concerned shall reassume jurisdiction sixty days after publication in the Federal Register of notice of approval. If the Secretary disapproves any petition under subsection (a), the Secretary shall provide such technical assistance as may be necessary to enable the tribe to correct any deficiency which the Secretary identified as a cause for disapproval.
Assumption of jurisdiction under this section shall not affect any action or proceeding over which a court has already assumed jurisdiction, except as may be provided pursuant to any agreement under section 1919 of this title.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Indian Child Welfare Act of 1978House: no recorded tallySenate: no recorded tally