Reprinted from Westlaw with permission of Thomson/West. If you wish to check the currency of this case [or statute], you may do so by using KeyCite on Westlaw by visiting www.westlaw.com.


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

 

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map