---
title: "Record the active efforts before a foster-care placement of an Indian child"
url: "https://ailawframework.com/practice/child-protection-and-care-proceedings/record-the-active-efforts-before-a-significant-decision-about-an-aborigi/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A52-PU20261022-9-US"
practice_area: "Child Protection & Care Proceedings"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the active efforts before a foster-care placement of an Indian child

> List the services the file already records, and leave a gap where the file does not say what was offered or whether it worked. Do not describe efforts that are not in the instructions.

Canonical page: https://ailawframework.com/practice/child-protection-and-care-proceedings/record-the-active-efforts-before-a-significant-decision-about-an-aborigi/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Child Protection & Care Proceedings](https://ailawframework.com/practice/child-protection-and-care-proceedings.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List the services the file already records, and leave a gap where the file does not say what was offered or whether it worked. Do not describe efforts that are not in the instructions. |
| What the lawyer must review | 25 U.S.C. § 1912(d) requires the party seeking foster-care placement or termination of parental rights of an Indian child to satisfy the court that active efforts were made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, and that those efforts proved unsuccessful. 25 C.F.R. § 23.120 requires the court, before an involuntary foster-care placement or termination, to conclude that active efforts were made and were unsuccessful, and says active efforts must be documented in detail in the record. |
| Written for | United States |
| Applies to | [Record the active efforts before a significant decision about an Aboriginal or Torres Strait Islander child](https://ailawframework.com/practice/child-protection-and-care-proceedings/record-the-active-efforts-before-a-significant-decision-about-an-aborigi.md) |

## Checking plan

- What the AI does: List the services the file already records, and leave a gap where the file does not say what was offered or whether it worked. Do not describe efforts that are not in the instructions.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- This is not the state reasonable-efforts finding, and it is not an Australian child-placement principle. Confirm that the child is an Indian child before you apply the section.

## Sources

- [25 U.S.C. § 1912 (Indian Child Welfare Act pending court proceedings)](https://www.law.cornell.edu/uscode/text/25/1912) (checked 2026-10-22)
- [25 C.F.R. § 23.120 (how the state court ensures active efforts have been made)](https://www.ecfr.gov/current/title-25/chapter-I/subchapter-D/part-23/subpart-I/section-23.120) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*