Page:United States Statutes at Large Volume 92 Part 3.djvu/445

 PUBLIC LAW 95-608—NOV. 8, 1978

92 STAT. 3077

(b) Funds for the purposes of this Act may be appropriated pursuant to the provisions of the Act of November 2, 1921 (42 Stat. 208), 25 USC 13. as amended. SEC. 204. For the purposes of sections 202 and 203 of this title, the 25 USC 1934. term "Indian" shall include persons defined in section 4(c) of the Indian Health Care Improvement Act of 1976 (90 Stat. 1400, 1401). 25 USC 1603. TITLE III—EECOEDKEEPING, INFORMATION AVAILABILITY, AND TIMETABLES SEC. 301. (a) Any State court entering a final decree or order in a n j Final decree, Indian child adoptive placement after the date of enactment of this information to be Act shall provide the Secretary with a copy of such decree or order included. together with such other information as may be necessary to show— 25 USC 1951. 1) the name and tribal affiliation of the child; ^2) the names and addresses of the biological parents; '3) the names and addresses of the adoptive parents; and (4) the identity of any agency having files or information relating to such adoptive placement. Where the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include such affidavit with the other information. The Secretary shall insure that the confidentiality of such information is maintained and such information shall not be subject to the Freedom of Information Act (5 U.S.C. 552), as amended. (b) Upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe, the Secretary shall disclose such information as may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. Where the documents relating to such child contain an affidavit from the biological parent or parents requesting anonymity, the Secretary shall certify to the Indian child's tribe, where the information warrants, that the child's parentage and other circumstances of birth entitle the child to enrollment under the criteria established by such tribe. SEC. 302. Within one hundred and eighty days after the enactment of Effective date. this Act, the Secretary shall promulgate such rules and regulations Rules and regulations. as may be necessary to carry out the provisions of this Act. 25 USC 1952.

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