---
kind: "section"
citation: "25 U.S.C. § 1920"
title: "25"
title_heading: "Indians"
number: "1920"
heading: "Improper removal of child from custody; declination of jurisdiction; forthwith return of child: danger exception"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/1920"
units:
  - "Chapter 21 — Indian Child Welfare"
  - "Subchapter I — Child Custody Proceedings"
---

# §1920. Improper removal of child from custody; declination of jurisdiction; forthwith return of child: danger exception


Where any petitioner in an [Indian child](/usc/25/1903.md?p=4) custody proceeding before a State court has improperly removed the child from custody of the [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) unless returning the child to his [parent](/usc/25/1903.md?p=9) or custodian would subject the child to a substantial and immediate danger or threat of such danger.


## Source credit

(Pub. L. 95–608, title I, § 110, Nov. 8, 1978, 92 Stat. 3075.)