foster care placement
(1) Definitions In this subsection: (A) Covered individual The term “covered individual” includes— (i) any individual 18 years of age or older; and (ii) any individual who the tribal social services agency determines is subject to a criminal records check under paragraph (2)(A). (B) Foster care placement The term “foster care placement” means any action removing an Indian child from a parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator if— (i) the parent or Indian custodian cannot have the child returned on demand; and (ii) (I) parental rights have not been terminated; or (II) parental rights have been terminated but the child has not been permanently placed. (C) Indian custodian The term “Indian custodian” means any Indian— (i) who has legal custody of an Indian child under tribal law or custom or under State law; or (ii) to whom temporary physical care, custody, and control has been transferred by the parent of the child. (D) Parent The term “parent” means— (i) any biological parent of an Indian child; or (ii) any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom. (E) Tribal court The term “tribal court” means a court— (i) with jurisdiction over foster care placements; and (ii) that is— (I) a Court of Indian Offenses; (II) a court established and operated under the code or custom of an Indian tribe; or (III) any other administrative body of an Indian tribe that is vested with authority over foster care placements. (F) Tribal social services agency The term “tribal social services agency” means the agency of an Indian tribe that has the primary responsibility for carrying out foster care licensing or approval (as of the date on which the proceeding described in paragraph (2)(A) commences) for the Indian tribe.