Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Congressional findings25 U.S.C. § 1901

Chapter 21 · Indian Child Welfare · Indian Child Welfare Act · United States Code, 2024 edition

10 opinions cite 25 U.S.C. § 1901

  1. Mississippi Band of Choctaw Indians v. Holyfield 490 U.S. 30 · US490-30 · U.S. Supreme Court 1989

    Reversed This opinion cites 25 U.S.C. § 1901 8 times, the section generally

    · cited by 1355 in all courts

    Under the Indian Child Welfare Act, twins born off the reservation were domiciled there with their parents, so the tribal court had exclusive jurisdiction and the state adoption decree was reversed.

    …to recognize the essential tribal relations of Indian people *36 and the cultural and social standards prevailing in Indian communities and families." 25 U. S. C. § 1901 . At the heart of the ICWA are its provisions concerning jurisdiction over Indian child custody proceedings. Section 1911 lays out a dual jurisdictional…

  2. Adoptive Couple v. Baby Girl 570 U.S. 637 · US570-637 · U.S. Supreme Court 2013

    Reversed & remanded This opinion cites 25 U.S.C. § 1901 6 times: (3), (4), (5), and the section generally

    ICWA's continued-custody and active-efforts provisions do not bar termination where the Indian father never had custody, and adoption preferences apply only if others seek adoption.

    …percentage of Indian families [from being] broken up” by, among other things, a trend of “plac[ing] [Indian children] in non-Indian . . . adoptive homes.” 25 U. S. C. §1901(4). Policy disagreement with Congress’ judg- ment is not a valid reason for this Court to distort the pro­ visions of the Act. Unlike the majority, I cannot…

  3. Haaland v. Brackeen 599 U.S. 255 · US599-255 · U.S. Supreme Court 2023

    Affirmed in part, reversed in part This opinion cites 25 U.S.C. § 1901 3 times: (3), (4)

    · cited by 168 in all courts

    Supreme Court upheld the Indian Child Welfare Act against Article I and anticommandeering challenges, and held the equal protection challengers lacked standing.

    …Indian families are broken up by the removal, often un- warranted, of their children from them by nontribal public and private agencies.” 92 Stat. 3069, 25 U. S. C. § 1901(4). Congress found that many of these children were being “placed in non-Indian foster and adoptive homes and institu- tions,” and that the States had…

  4. Seminole Tribe v. Department of Children & Families 959 So. 2d 761 · 4D06-3212 · 4th DCA 2007

    Affirmed This opinion cites 25 U.S.C. § 1901 3 times, the section generally

    · cited by 2 in all courts

    Tribe's request to place a medically fragile Indian child with a tribal family denied; good cause to depart from ICWA preferences upheld.

    …The Seminole Tribe of Florida (the tribe) appeals an order denying its motion to place K.D., a four-year-old child, pursuant to the Indian Child Welfare Act, 25 U.S.C. § 1901 , et seq. (ICWA). The tribe asserts that the trial court order disregards or misunderstands the mandates of the ICWA by failing to begin with a presumption…

  5. In re T.D. 890 So. 2d 473 · 2D03-4893 · 2nd DCA 2004

    Affirmed This opinion cites 25 U.S.C. § 1901 2 times, the section generally

    · cited by 2 in all courts

    Termination affirmed; a vague mention of Cherokee ancestry during closing argument neither invoked the ICWA nor preserved the issue.

    …problem caused by separating large numbers of Indian children from their Indian families and tribes through certain state proceedings, including TPR. See 25 U.S.C. § 1901 (4)-(5) [2] ; Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30 , 109 S.Ct. 1597 , 104 L.Ed.2d 29 (1989). For an Indian child who does not…

  6. Colbert v. United States 785 F.3d 1384 · CA11-14-12007 · 11th Cir. 2015

    This opinion cites 25 U.S.C. § 1901 1 time, the section generally

    · cited by 12 in all courts

    …to Navajo children and their families. Prior to 2006, these social services were administered by the BIA under the Indian Child Welfare Act (“ICWA”), 25 U.S.C. §§ 1901−1963. ICWA’s objective is “to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families . . . by…

  7. In re Amendments to the Florida Supreme Court Approved Family Law Forms 205 So. 3d 1 · SC15-44-2 · Florida Supreme Court 2015

    Rule amendment This opinion cites 25 U.S.C. § 1901 1 time, the section generally

    · cited by 1 in all courts

    …child. The Indian Child Welfare Act does not apply to this proceeding. 2. __is an Indian child within the meaning of the Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.). I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand-delivered to the person(s) listed below on {date}…

  8. In re Amendments to the Florida Supreme Court Approved Family Law Forms 173 So. 3d 19 · SC15-44 · Florida Supreme Court 2015

    Rule amendment This opinion cites 25 U.S.C. § 1901 1 time, the section generally

    · cited by 1 in all courts

    …child. The Indian Child Welfare Act does not apply to this proceeding. 2. __is an Indian child within the meaning of the Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.). I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand- delivered to the person(s) listed below on {date}…

  9. Amendments to Florida Supreme Court Approved FamiLy Law Forms—Stepparent Adoption Forms 870 So. 2d 791 · SC04-104 · Florida Supreme Court 2004

    Rule amendment This opinion cites 25 U.S.C. § 1901 1 time, the section generally

    · cited by 2 in all courts

    …child. The Indian Child Welfare Act does not apply to this proceeding. _ is an Indian child within the meaning of the Indian Child Welfare Act of 1978 ( 25 U.S.C. § 1901 et seq.). I certify that a copy of this document was [/ one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on…

  10. Amendments to Florida Supreme Court Approved Family Law Forms-Stepparent Adoption Forms 832 So. 2d 684 · SC02-516-2 · Florida Supreme Court 2002

    Rule amendment This opinion cites 25 U.S.C. § 1901 1 time, the section generally

    …child. The Indian Child Welfare Act does not apply to this proceeding. __ is an Indian child within the meaning of the Indian Child Welfare Act of 1978 ( 25 U.S.C. § 1901 et seq.). I certify that a copy of this document was [/ one, only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on…

5 admin code rules cite 25 U.S.C. § 1901

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.

  1. Rule 65C-16.004 Recruitment, Screening and Application Process/Adoptive Applicants. (3)
  2. Rule 65C-28.013 Indian Child Welfare Act.
  3. Rule 65C-29.003 Child Protective Investigations. (6)
  4. Rule 65C-30.001 Definitions. (62)
  5. Rule 65C-30.023 Multidisciplinary Team Staffing. (2)(c)

1 CFOP cite 25 U.S.C. § 1901

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

  1. CFOP 170-1 Florida Child Welfare Practice Model p. 94p. 165p. 202

8 sections of law cite 25 U.S.C. § 1901

Florida statutes and court rules that cite it, and federal law that cites it or is issued under it.

  1. § 39.0137 Federal law; rulemaking authority. (1)
  2. § 61.505 Application to Indian tribes. (1)
  3. § 409.408 Interstate Compact for the Placement of Children.
  4. 42 U.S.C. § 622 State plans for child welfare services (b)(9)
  5. 42 U.S.C. § 628d Effective implementation of the Indian Child Welfare Act of 1978 (a)
  6. 42 U.S.C. § 674 Payments to States (d)(4)
  7. 42 U.S.C. § 1996b Interethnic adoption (3)
  8. 25 C.F.R. § 23.2 Definitions

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

Recognizing the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people, the Congress finds—

(1) that clause 3, section 8, article I of the United States Constitution provides that "The Congress shall have Power * * * To regulate Commerce * * * with Indian tribes " and, through this and other constitutional authority, Congress has plenary power over Indian affairs;

(2) that Congress, through statutes, treaties, and the general course of dealing with Indian tribes, has assumed the responsibility for the protection and preservation of Indian tribes and their resources;

(3) that there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children and that the United States has a direct interest, as trustee, in protecting Indian children who are members of or are eligible for membership in an Indian tribe;

(4) that an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by nontribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions; and

(5) that the States, exercising their recognized jurisdiction over Indian child custody proceedings through administrative and judicial bodies, have often failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families.

Source. (Pub. L. 95–608, §2, Nov. 8, 1978, 92 Stat. 3069.)