2018 US Code
Title 25 - Indians
Chapter 21 - Indian Child Welfare
Sec. 1901 - Congressional findings

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Citation 25 U.S.C. § 1901 (2018)
Section Name §1901. Congressional findings
Section Text

Recognizing the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people, the Congress finds—

(1) that clause 3, section 8, article I of the United States Constitution provides that "The Congress shall have Power * * * To regulate Commerce * * * with Indian tribes 1" and, through this and other constitutional authority, Congress has plenary power over Indian affairs;

(2) that Congress, through statutes, treaties, and the general course of dealing with Indian tribes, has assumed the responsibility for the protection and preservation of Indian tribes and their resources;

(3) that there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children and that the United States has a direct interest, as trustee, in protecting Indian children who are members of or are eligible for membership in an Indian tribe;

(4) that an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by nontribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions; and

(5) that the States, exercising their recognized jurisdiction over Indian child custody proceedings through administrative and judicial bodies, have often failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families.

Source Credit

(Pub. L. 95–608, §2, Nov. 8, 1978, 92 Stat. 3069.)

Editorial Notes SHORT TITLE

Pub. L. 95–608, §1, Nov. 8, 1987, 92 Stat. 3069, provided: "That this Act [enacting this chapter] may be cited as the 'Indian Child Welfare Act of 1978'."

Footnotes

1 So in original. Probably should be capitalized.

Publication Title United States Code, 2018 Edition, Title 25 - INDIANS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 25 - INDIANS
CHAPTER 21 - INDIAN CHILD WELFARE
Sec. 1901 - Congressional findings
Contains section 1901
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Short Titles 'Indian Child Welfare Act of 1978'."
Statutes at Large References 92 Stat. 3069
Public Law References Public Law 95-608
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