[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR23.71]



[Page 115-116]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 23_INDIAN CHILD WELFARE ACT--Table of Contents

 

                   Subpart G_Administrative Provisions

 

Sec.  23.71  Recordkeeping and information availability.





    (a)(1) Any state court entering a final decree or adoptive order for 

any Indian child shall provide the Secretary or his/her designee within 

30 days a copy of said decree or order, together with any information 

necessary to show:

    (i) The Indian child's name, birthdate and tribal affiliation, 

pursuant to 25 U.S.C. 1951;

    (ii) Names and addresses of the biological parents and the adoptive 

parents; and

    (iii) Identity of any agency having relevant information relating to 

said adoptive placement.

    (2) To assure and maintain confidentiality where the biological 

parent(s) have by affidavit requested that their identity remain 

confidential, a copy of such affidavit shall be provided to the 

Secretary or his/her designee. Information provided pursuant to 25 

U.S.C. 1951(a) is not subject to the Freedom of Information Act (5 

U.S.C. 552), as amended. The Secretary or his/her designee shall ensure 

that the confidentiality of such information is maintained. The address 

for transmittal of information required by 25 U.S.C. 1951(a) is: Chief, 

Division of Social Services, Bureau of Indian Affairs, 1849 C Street, 

NW., Mail Stop 310-SIB, Washington, DC 20240. The envelope containing 

all such information should be marked ``Confidential.'' This address 

shall be sent to the highest court of appeal, the Attorney General and 

the Governor of each state. In some states, a state agency has been 

designated to be repository for all state court adoption information. 

Where such a system is operative, that agency may assume reporting 

responsibilities for the purposes of the Act.

    (b) The Division of Social Services, Bureau of Indian Affairs, is 

authorized to receive all information and to maintain a central file on 

all state Indian adoptions. This file shall be confidential and only 

designated persons shall have access to it. Upon the request of an 

adopted Indian individual over the age of 18, the adoptive or foster 

parents of an Indian child, or an Indian tribe, the Division of Social 

Services shall disclose such information as may be necessary for 

purposes of tribal enrollment or determining any rights or benefits 

associated with tribal membership, except the names of the biological 

parents where an affidavit of confidentiality has been filed, to those 

persons eligible under the Act to request such



[[Page 116]]



information. The chief tribal enrollment officer of the BIA is 

authorized to disclose enrollment information relating to an adopted 

Indian child where the biological parents have by affidavit requested 

anonymity. In such cases, the chief tribal enrollment officer shall 

certify the child's tribe, and, where the information warrants, that the 

child's parentage and other circumstances entitle the child to 

enrollment consideration under the criteria established by the tribe.