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Code · STATUTE-COMPILATIONS · Indian Child Welfare Act of 1978 · Sec. 106

Sec. 106. **[**[25 U.S.C. 1916](/us/usc/t25/s1916)**]**

161 words·~1 min read·/statute-compilations/comps-1402/sec-106

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## Sec. 106 **[**[25 U.S.C. 1916](/us/usc/t25/s1916)**]** ###
(a)Notwithstanding State law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant such petition unless there is a showing, in a proceeding subject to the provisions of section 102 of this Act, that such return of custody is not in the best interests of the child. ###
(b)Whenever an Indian child is removed from a foster care home or institution for the purpose of further foster care, preadoptive, or adoptive placement, such placement shall be in accordance with the provisions of this Act, except in the case where an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.
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Sec. 106
**[**[25 U.S.C. 1916](/us/usc/t25/s1916)**]**
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