Dependency Law Finder

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

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Definitions25 U.S.C. § 1903

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

6 opinions cite 25 U.S.C. § 1903

  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. § 1903 6 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.

    …`adoptive placement' which shall mean the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption." 25 U. S. C. § 1903 (1)(iv). Moreover, the twins were "Indian children." See 25 U. S. C. § 1903 (4). The sole issue in this case is, as the Supreme Court of Mississippi…

  2. 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. § 1903 4 times: (3), (4), (8)

    · 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.

    …members of an Indian tribe, but also those children who are merely eligible for member- ship in a tribe and are the biological child of a tribal member. See 25 U. S. C. § 1903(4). If the child resides on Indian tribal lands, then the Indian tribal court has jurisdiction. Page Proof Pending Publication § 1911(a). But, if the child…

  3. 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. § 1903 3 times: (1)(ii), (4), 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.

    …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.” 25 U. S. C. §1903(4). As relevant, the ICWA defines “child custody proceeding,” §1903(1), to include “adoptive placement,” which means “the permanent placement of an Indian child…

  4. Stillaguamish Tribe of Indians v. D.D. 1D2026-0482 · 1st DCA 2026

    Reversed & remanded This opinion cites 25 U.S.C. § 1903 2 times: (1), (4)

    Order denying the tribe's post-judgment motion to intervene reversed because ICWA lets a tribe intervene at any point before the termination judgment is final.

    …Props., LLC, 946 So. 2d 1165, 1172 (Fla. 1st DCA 2006). The ICWA applies to specified state court child custody proceedings involving an “Indian child.” 25 U.S.C. § 1903(1). An “Indian child” is an unmarried person under eighteen who is either a member of an Indian tribe or is eligible for tribal membership and the biological…

  5. S.H. v. Department of Children & Families 6D2025-1795 · 6th DCA 2026

    Affirmed This opinion cites 25 U.S.C. § 1903 1 time: (4)

    Termination affirmed because ICWA's beyond-a-reasonable-doubt standard applies only to its own finding and does not displace Florida's clear and convincing standard.

    …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.” 25 U.S.C.A. § 1903(4). Mother’s argument on the proper burden of proof in cases concerning an Indian child. In a termination of parental rights case concerning an…

  6. G.L. v. Department of Children & Families 80 So. 3d 1065 · 5D11-1502 · 5th DCA 2012

    Reversed & remanded This opinion cites 25 U.S.C. § 1903 1 time, the section generally

    · cited by 2 in all courts

    Termination reversed because ICWA notice to the tribes was not given after the mother claimed Indian ancestry; the issue can be raised first on appeal.

    …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.” 25 U.S.C.A. § 1903 (4). The ICWA, however, does not define what constitutes being a "member” or "being eligible for membership” since each tribe has its own criteria for…

1 admin code rule cite 25 U.S.C. § 1903

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

  1. Rule 65C-30.023 Multidisciplinary Team Staffing. (2)(f)4.

1 CFOP cite 25 U.S.C. § 1903

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. 165 (3)

4 sections of law cite 25 U.S.C. § 1903

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

  1. 25 U.S.C. § 3202 Definitions (7)
  2. 25 C.F.R. § 23.2 Definitions (2)
  3. 25 C.F.R. § 23.13 Payment for appointed counsel in involuntary Indian child custody proceedings in state courts (b)(1)(b)(2)(b)(3)
  4. 45 C.F.R. § 1356.60 Fiscal requirements (title IV-E) (c)(4)(iii)

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

For the purposes of this chapter, except as may be specifically provided otherwise, the term—

(1) "child custody proceeding" shall mean and include—

(i) "foster care placement" 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;

(ii) "termination of parental rights" which shall mean any action resulting in the termination of the parent-child relationship;

(iii) "preadoptive placement" 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

(iv) "adoptive placement" which shall mean the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.

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.

(2) "extended family member" shall be as defined by the law or custom of the Indian child's 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's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent;

(3) "Indian" 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 section 1606 of title 43;

(4) "Indian child" 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;

(5) "Indian child's tribe" 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;

(6) "Indian custodian" 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;

(7) "Indian organization" means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians;

(8) "Indian tribe" 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 section 1602(c) of title 43;

(9) "parent" 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;

(10) "reservation" means Indian country as defined in section 1151 of title 18 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;

(11) "Secretary" means the Secretary of the Interior; and

(12) "tribal court" 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.

Source. (Pub. L. 95–608, §4, Nov. 8, 1978, 92 Stat. 3069.)