---
kind: "section"
citation: "25 C.F.R. § 23.130"
title: "25"
number: "23.130"
heading: "What placement preferences apply in adoptive placements?"
url: "https://uscodex.org/cfr/25/23.130"
---

# §23.130. What placement preferences apply in adoptive placements?

- (a) In any adoptive placement of an Indian child under State law, where the Indian child's Tribe has not established a different order of preference under [paragraph (b)](#b) of this section, preference must be given in descending order, as listed below, to placement of the child with:
  - (1) A member of the Indian child's extended family;
  - (2) Other members of the Indian child's Tribe; or
  - (3) **Other Indian families.**
- (b) If the Indian child's Tribe has established by resolution a different order of preference than that specified in ICWA, the Tribe's placement preferences apply.
- (c) The court must, where appropriate, also consider the placement preference of the Indian child or Indian child's parent.

## Notes

### Source

Source: 81 FR 38867, June 14, 2016, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 1901-1952.

### Source

Source: 59 FR 2256, Jan. 13, 1994, unless otherwise noted.