---
kind: "section"
citation: "25 U.S.C. § 1903"
title: "25"
title_heading: "Indians"
number: "1903"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/1903"
units:
  - "Chapter 21 — Indian Child Welfare"
---

# §1903. Definitions


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](#4) from its [parent](#9) or [Indian custodian](#6) for temporary placement in a foster home or institution or the home of a guardian or conservator where the [parent](#9) or [Indian custodian](#6) 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](#9)-child relationship;
  - (iii) “preadoptive placement” which shall mean the temporary placement of an [Indian child](#4) 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](#4) 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](#9).

- (2) “extended family member” shall be as defined by the law or custom of the [Indian child](#4)’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](#4)’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](#8), or who is an Alaska Native and a member of a Regional Corporation as defined in [section 1606 of title 43](/usc/43/1606.md);
- (4) “Indian child” means any unmarried person who is under age eighteen and is either (a) a member of an [Indian tribe](#8) or (b) is eligible for membership in an [Indian tribe](#8) and is the biological child of a member of an [Indian tribe](#8);
- (5) “[Indian child](#4)’s tribe” means (a) the [Indian tribe](#8) in which an [Indian child](#4) is a member or eligible for membership or (b), in the case of an [Indian child](#4) who is a member of or eligible for membership in more than one tribe, the [Indian tribe](#8) with which the [Indian child](#4) has the more significant contacts;
- (6) “Indian custodian” means any [Indian](#3) person who has legal custody of an [Indian child](#4) under tribal law or custom or under State law or to whom temporary physical care, custody, and control has been transferred by the [parent](#9) of such child;
- (7) “Indian organization” means any group, association, partnership, corporation, or other legal entity owned or controlled by [Indians](#3), or a majority of whose members are [Indians](#3);
- (8) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of [Indians](#3) recognized as eligible for the services provided to [Indians](#3) by the [Secretary](#11) because of their status as [Indians](#3), including any Alaska Native village as defined in [section 1602(c) of title 43](/usc/43/1602.md?p=c);
- (9) “parent” means any biological parent or parents of an [Indian child](#4) or any [Indian](#3) person who has lawfully adopted an [Indian child](#4), 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](#3) country as defined in [section 1151 of title 18](/usc/18/1151.md) 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](#8) or individual or held by any [Indian tribe](#8) 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](#3) Offenses, a court established and operated under the code or custom of an [Indian tribe](#8), or any other administrative body of a tribe which is vested with authority over child custody proceedings.

## Source credit

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