Page:United States Statutes at Large Volume 92 Part 3.djvu/441

 PUBLIC LAW 95-608—NOV. 8, 1978

92 STAT. 3073

petent jurisdiction to invalidate such action upon a showing that such action violated any provision of sections 101,102, and 103 of this Act. SEC. 105. (a) In any adoptive placement of an Indian child under Adoptive State law, a preference shall be given, in the absence of good cause placement of to the contrary, to a placement with (1) a member of the child's Indian children. extended family; (2) other members of the Indian child's tribe; or 25 USC 1915. (3) other Indian families. (b) Any child accepted for foster care or preadoptive placement shall be placed in the least restrictive setting which most approximates a family and in which his special needs, if any, may be met. The child shall also be placed within reasonable proximity to his or her home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with— (i) a member of the Indian child's extended family; (ii) a foster home licensed, approved, or specified by the Indian child's tribe; (iii) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or (iv) an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs. (c) In the case of a placement under subsection (a) or (b) of this section, if the Indian child's tribe shall establish a different order of preference by resolution, the agency or court effecting the placement shall follow such order so long as the placement is the least restrictive setting appropriate to the particular needs of the child, as provided in subsection (b) of this section. Where appropriate, the preference of the Indian child or parent shall be considered: Provided, That where a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences. (d) The standards to be applied in meeting the preference requirements of this section shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties. (e) A record of each such placement, under State law, of an Indian child shall be maintained by the State in which the placement was made, evidencing the efforts to comply with the order of preference specified in this section. Such record shall be made available at any time upon the request of the Secretary or the Indian child's tribe. SEC. 106. fa) Notwithstanding State law to the contrary, when- Petition, return of ever a final decree of adoption of an Indian child has been vacated or custody. set aside or the adoptive parents voluntarily consent to the termination 25 USC 1916. of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant such petition unless there is a showing, in a proceeding subject to the provisions of section 102 of this Act, that such return of custody is not in the best interests of the child. (b) Whenever an Indian child is removed from a foster care home Removal from or institution for the purpose of further foster care, preadoptive, or foster care home. adoptive placement, such placement shall be in accordance with the provisions of this Act, except in the case where an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed. SEC. 107. Upon application by an Indian individual who has reached 25 USC 1917. the age of eighteen and who was the subject of an adoptive placement,

�