Indian Child Welfare Act Amendments of 1987

Indian Child Welfare Act Amendments of 1987 - Amends the Indian Child Welfare Act of 1978. Declares the congressional intent to protect the right of Indian children to develop a tribal identity and to maintain ties to the Indian community.

Redefines the term "Indian" to include any person of Indian or Alaska Native descent who is considered by an Indian or Alaska Native tribe to be a part of its community. Defines "family" to include extended family members.

Grants Indian tribes exclusive jurisdiction over child custody proceedings involving Indian children domiciled or residing on the reservation, except where concurrent jurisdiction over voluntary child custody proceedings may be otherwise vested in the State by existing Federal law.

Grants the parent of an Indian child the right to intervene at any point in child custody, and related judicial or administrative, proceedings. Permits the Indian child's tribe to authorize an Indian organization or other Indian tribe to intervene on its behalf.

Provides for written notification of the tribe whenever a non-tribal social services agency determines that an Indian child is in any situation that could lead to a placement requiring the continued involvement of the agency with the child beyond a specified period. Grants the tribe the right to examine and copy all documents involving the child. Shields the State agency from liability arising out of its release of information to the tribe.

Sets forth procedures for notification of the child's parent, custodian, and tribe, in any State court involuntary child custody proceeding where the court or the petitioner knows or has reason to know that an Indian child is involved, of the existence of, and conduct of, such proceeding. Grants an indigent parent or Indian custodian the right to court-appointed counsel, and allows the court to appoint counsel for the child if it believes it to be in the best interest of the child.

Sets legal standards for the admissibility of evidence and the qualifications of expert witnesses in such proceedings. Directs that any order for placement or termination of parental rights protect the child's opportunity to learn his or her tribal identity and heritage, take advantage of the tribe's cultural resources, and provide for continued contacts between the child and the parents, family, and tribe.

Establishes procedures to assure that any consent by the parent or Indian custodian to a foster care placement, termination of parental rights, or adoption under State law is voluntary and informed. Declares that such consent shall not be deemed an abandonment of the child by the parent or Indian custodian, nor shall it affect the rights of other Indian relatives to custody. Provides for the withdrawal of consent and the immediate return of the child unless such return would subject the child to a substantial and immediate danger of serious physical harm or threat of such harm.

Permits challenges to child custody proceedings by any parent, Indian custodian, or the Indian child's tribe. Provides for Federal court review of any State court final decree alleged to be in violation of this Act, on an expedited basis.

Sets placement goals in State court proceedings. Declares that all placements shall seek to protect the rights of Indian children as Indians, as well as the rights of the Indian community and tribe. Requires that adoptive placements be made in accordance with tribal preferences established by resolution or, in the absence of such resolution, according to a specified order of placement, with exceptions. Requires that any child accepted for foster care or preadoptive placement be placed within reasonable proximity to the child's home.

Directs a State, as necessary to comply with the provision of this Act that the prevailing social and cultural standards of the Indian community be the standards to be applied in meeting placement requirements, to promulgate separate State licensing standards for foster homes servicing Indian children and place such children in homes licensed or approved by the Indian child's tribe or an Indian organization. Sets notification requirements.

Sets requirements for subsequent placements or proceedings, and for the reassumption of exclusive tribal jurisdiction. Allows the parent or Indian custodian from whose custody a child has been removed or retained, and the child's tribe, to petition any court with jurisdiction for the return of the child. Prohibits an Indian parent or custodian from waiving any of the provisions of this Act. Sets forth procedures for authorizing continued physical custody, following the emergency removal of a child, and procedures for terminating such custody.

Directs the Secretary of the Interior to establish Indian Child Welfare committees to monitor compliance with this Act. Requires States in which a federally-recognized Indian tribe is located or where there is an Indian population in excess of 10,000 to make compliance with this Act a condition for continued licensure for any private child placement agency, and to audit such agencies to ensure that they are in compliance. Applies provisions of this Act to the aboriginal peoples of Canada.

Requires the Secretary to make grants to Indian tribes and organizations for preventive on- and off-reservation programs, in accordance with priorities established by the tribe. (Current law makes this discretionary, and not necessarily consistent with tribal priorities). Requires (currently, authorizes) the Secretary to enter into agreements with the Secretary of Health and Human Services (HHS), and directs the latter to use funds appropriated for similar HHS programs.

Authorizes the Congress to appropriate funds to provide Indian child welfare training to Federal, State, and tribal judges, court personnel, social workers, and child welfare workers, including those employed by agencies licensed by a State. Provides for the payment of indirect and administrative costs.

Requires that the administrative body of each State court designate an individual to ensure State court compliance with this Act. Sets deadlines for the compilation and forwarding of information to the Secretary and the Indian child's tribe regarding placements. Makes conforming amendments to related Acts.