{"identifier":"/us/usc/t25/s1903","title":25,"num":"\u00a7\u202f1903.","heading":"Definitions","text":"\u00a7\u202f1903.\nDefinitions\nFor the purposes of this chapter, except as may be specifically provided otherwise, the term\u2014\n(1) \u201cchild custody proceeding\u201d shall mean and include\u2014\n(i) \u201cfoster care placement\u201d which shall mean any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated;\n(ii) \u201ctermination of parental rights\u201d which shall mean any action resulting in the termination of the parent-child relationship;\n(iii) \u201cpreadoptive placement\u201d which shall mean the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; and\n(iv) \u201cadoptive placement\u201d which shall mean the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.\nSuch term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one of the parents.\n(2) \u201cextended family member\u201d shall be as defined by the law or custom of the Indian child\u2019s tribe or, in the absence of such law or custom, shall be a person who has reached the age of eighteen and who is the Indian child\u2019s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent;\n(3) \u201cIndian\u201d means any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in\nsection 1606 of title 43\n(4) \u201cIndian child\u201d means any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe;\n(5) \u201cIndian child\u2019s tribe\u201d means (a) the Indian tribe in which an Indian child is a member or eligible for membership or (b), in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts;\n(6) \u201cIndian custodian\u201d means any Indian person who has legal custody of an Indian child under tribal law or custom or under State law or to whom temporary physical care, custody, and control has been transferred by the parent of such child;\n(7) \u201cIndian organization\u201d means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians;\n(8) \u201cIndian tribe\u201d means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary because of their status as Indians, including any Alaska Native village as defined in\nsection 1602(c) of title 43\n(9) \u201cparent\u201d means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include the unwed father where paternity has not been acknowledged or established;\n(10) \u201creservation\u201d means Indian country as defined in\nsection 1151 of title 18\n(11) \u201cSecretary\u201d means the Secretary of the Interior; and\n(12) \u201ctribal court\u201d means a court with jurisdiction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings.","url":"https://projectusc.org/usc/t25/s1903.html","content":[{"t":"sec","id":"/us/usc/t25/s1903","children":[{"t":"num","text":"\u00a7\u202f1903."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"For the purposes of this chapter, except as may be specifically provided otherwise, the term\u2014"},{"t":"para","id":"/us/usc/t25/s1903/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" \u201cchild custody proceeding\u201d shall mean and include\u2014"},{"t":"clause","id":"/us/usc/t25/s1903/1/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" \u201cfoster care placement\u201d which shall mean any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t25/s1903/1/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" \u201ctermination of parental rights\u201d which shall mean any action resulting in the termination of the parent-child relationship;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t25/s1903/1/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" \u201cpreadoptive placement\u201d which shall mean the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t25/s1903/1/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" \u201cadoptive placement\u201d which shall mean the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"Such term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one of the parents.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s1903/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" \u201cextended family member\u201d shall be as defined by the law or custom of the Indian child\u2019s tribe or, in the absence of such law or custom, shall be a person who has reached the age of eighteen and who is the Indian child\u2019s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s1903/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" \u201cIndian\u201d means any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in ","children":[{"t":"ref","text":"section 1606 of title 43","href":"/us/usc/t43/s1606","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s1903/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" \u201cIndian child\u201d means any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s1903/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" \u201cIndian child\u2019s tribe\u201d means (a) the Indian tribe in which an Indian child is a member or eligible for membership or (b), in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s1903/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" \u201cIndian custodian\u201d means any Indian person who has legal custody of an Indian child under tribal law or custom or under State law or to whom temporary physical care, custody, and control has been transferred by the parent of such child;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s1903/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" \u201cIndian organization\u201d means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s1903/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" \u201cIndian tribe\u201d means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary because of their status as Indians, including any Alaska Native village as defined in ","children":[{"t":"ref","text":"section 1602(c) of title 43","href":"/us/usc/t43/s1602/c","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s1903/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" \u201cparent\u201d means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include the unwed father where paternity has not been acknowledged or established;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s1903/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" \u201creservation\u201d means Indian country as defined in ","children":[{"t":"ref","text":"section 1151 of title 18","href":"/us/usc/t18/s1151","tail":" and any lands, not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s1903/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" \u201cSecretary\u201d means the Secretary of the Interior; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s1903/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" \u201ctribal court\u201d means a court with jurisdiction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}