---
kind: "section"
citation: "25 U.S.C. § 1915"
title: "25"
title_heading: "Indians"
number: "1915"
heading: "Placement of Indian children"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/1915"
units:
  - "Chapter 21 — Indian Child Welfare"
  - "Subchapter I — Child Custody Proceedings"
---

# §1915. Placement of Indian children

- (a) **Adoptive placements; preferences—** In any adoptive placement of an [Indian child](/usc/25/1903.md?p=4) under State law, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a member of the child’s extended family; (2) other members of the [Indian child](/usc/25/1903.md?p=4)’s tribe; or (3) other [Indian](/usc/25/1903.md?p=3) families.
- (b) **Foster care or preadoptive placements; criteria; preferences—** Any child accepted for foster care or preadoptive placement shall be placed in the least restrictive setting which most approximates a family and in which his special needs, if any, may be met. The child shall also be placed within reasonable proximity to his or her home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with—
  - (i) a member of the [Indian child](/usc/25/1903.md?p=4)’s extended family;
  - (ii) a foster home licensed, approved, or specified by the [Indian child](/usc/25/1903.md?p=4)’s tribe;
  - (iii) an [Indian](/usc/25/1903.md?p=3) foster home licensed or approved by an authorized non-[Indian](/usc/25/1903.md?p=3) licensing authority; or
  - (iv) an institution for children approved by an [Indian tribe](/usc/25/1903.md?p=8) or operated by an [Indian organization](/usc/25/1903.md?p=7) which has a program suitable to meet the [Indian child](/usc/25/1903.md?p=4)’s needs.
- (c) **Tribal resolution for different order of preference; personal preference considered; anonymity in application of preferences—** In the case of a placement under subsection [(a)](#a) or [(b)](#b) of this section, if the [Indian child](/usc/25/1903.md?p=4)’s tribe shall establish a different order of preference by resolution, the agency or court effecting the placement shall follow such order so long as the placement is the least restrictive setting appropriate to the particular needs of the child, as provided in [subsection (b)](#b) of this section. Where appropriate, the preference of the [Indian child](/usc/25/1903.md?p=4) or [parent](/usc/25/1903.md?p=9) shall be considered: Provided, That where a consenting [parent](/usc/25/1903.md?p=9) evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences.
- (d) **Social and cultural standards applicable—** The standards to be applied in meeting the preference requirements of this section shall be the prevailing social and cultural standards of the [Indian](/usc/25/1903.md?p=3) community in which the [parent](/usc/25/1903.md?p=9) or extended family resides or with which the [parent](/usc/25/1903.md?p=9) or extended family members maintain social and cultural ties.
- (e) **Record of placement; availability—** A record of each such placement, under State law, of an [Indian child](/usc/25/1903.md?p=4) shall be maintained by the State in which the placement was made, evidencing the efforts to comply with the order of preference specified in this section. Such record shall be made available at any time upon the request of the [Secretary](/usc/25/1903.md?p=11) or the [Indian child](/usc/25/1903.md?p=4)’s tribe.

## Source credit

(Pub. L. 95–608, title I, § 105, Nov. 8, 1978, 92 Stat. 3073.)