---
kind: "section"
citation: "25 U.S.C. § 1912"
title: "25"
title_heading: "Indians"
number: "1912"
heading: "Pending court proceedings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/1912"
units:
  - "Chapter 21 — Indian Child Welfare"
  - "Subchapter I — Child Custody Proceedings"
---

# §1912. Pending court proceedings

- (a) **Notice; time for commencement of proceedings; additional time for preparation—** In any involuntary proceeding in a State court, where the court knows or has reason to know that an [Indian child](/usc/25/1903.md?p=4) is involved, the party seeking the foster care placement of, or termination of parental rights to, an [Indian child](/usc/25/1903.md?p=4) shall notify the [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) and the [Indian child](/usc/25/1903.md?p=4)’s tribe, by registered mail with return receipt requested, of the pending proceedings and of their right of intervention. If the identity or location of the [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) and the tribe cannot be determined, such notice shall be given to the [Secretary](/usc/25/1903.md?p=11) in like manner, who shall have fifteen days after receipt to provide the requisite notice to the [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) and the tribe. No foster care placement or termination of parental rights proceeding shall be held until at least ten days after receipt of notice by the [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) and the tribe or the [Secretary](/usc/25/1903.md?p=11): Provided, That the [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) or the tribe shall, upon request, be granted up to twenty additional days to prepare for such proceeding.
- (b) **Appointment of counsel—** In any case in which the court determines indigency, the [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) shall have the right to court-appointed counsel in any removal, placement, or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that such appointment is in the best interest of the child. Where State law makes no provision for appointment of counsel in such proceedings, the court shall promptly notify the [Secretary](/usc/25/1903.md?p=11) upon appointment of counsel, and the [Secretary](/usc/25/1903.md?p=11), upon certification of the presiding judge, shall pay reasonable fees and expenses out of funds which may be appropriated pursuant to [section 13 of this title](/usc/25/13.md).
- (c) **Examination of reports or other documents—** Each party to a foster care placement or termination of parental rights proceeding under State law involving an [Indian child](/usc/25/1903.md?p=4) shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to such action may be based.
- (d) **Remedial services and rehabilitative programs; preventive measures—** Any party seeking to effect a foster care placement of, or termination of parental rights to, an [Indian child](/usc/25/1903.md?p=4) under State law shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the [Indian](/usc/25/1903.md?p=3) family and that these efforts have proved unsuccessful.
- (e) **Foster care placement orders; evidence; determination of damage to child—** No foster care placement may be ordered in such proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child by the [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) is likely to result in serious emotional or physical damage to the child.
- (f) **Parental rights termination orders; evidence; determination of damage to child—** No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) is likely to result in serious emotional or physical damage to the child.

## Source credit

(Pub. L. 95–608, title I, § 102, Nov. 8, 1978, 92 Stat. 3071.)