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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.)


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.


Treatises and Practice Aids

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