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25
U.S.C.A. § 1921
United States Code Annotated
Title 25. Indians
Chapter 21. Indian Child Welfare (Refs & Annos)
Subchapter I. Child Custody Proceedings
§
1921. Higher State or Federal standard applicable to protect rights of
parent or Indian custodian of Indian child
In any case where State or Federal law applicable to a child custody proceeding under State or Federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this subchapter, the State or Federal court shall apply the State or Federal standard.
(Pub.L. 95-608, Title I, § 111, 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.
American Digest System
Indians 
6(2),
32(11).
Key Number System Topic No. 209.
RESEARCH REFERENCES
Federal Procedure, Lawyers Edition § 46:478, Applicability of Other Laws.
Higher standard of protection 1
1. Higher standard of protection
Although the Wisconsin Children's
Code states that the Indian Child Welfare Act supersedes provisions of
the Wisconsin Code in any child custody proceedings covered by the federal
Act, the Act requires use of state law whenever that state law provides
higher standard of protection, so it was appropriate where Children's
Code provided additional safeguards beyond those mandated by the Act that
additional safeguards be followed. In re Interest of D.S.P., Wis.1992,
480 N.W.2d 234, 166 Wis.2d 464. Indians 6.6(1);
Infants 191
25 U.S.C.A. § 1921, 25 USCA § 1921
Approved 07-28-05