25 U.S.C. § 1920
Section 1920 · Improper removal of child from custody; declination of jurisdiction; forthwith return of child: danger exception
This is § 110 of the Indian Child Welfare Act of 1978
Amended 1 time on record
Applied in 13 court decisions — leading case D.E.D. v. State (1985)
Most recently applied in In re Dependency of G.J.A. (June 2021)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Where any petitioner in an Indian child custody proceeding before a State court has improperly removed the child from custody of the parent or Indian custodian 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 or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of such danger.