Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

What are the requirements for vacating an adoption based on consent having been obtained through fraud or duress?25 C.F.R. § 23.136

Part 23 › Subpart I · Indian Child Welfare Act Proceedings · Indian Child Welfare Act · eCFR · last amended 2016-12-12

Statutory authority: 5 U.S.C. § 301, 25 U.S.C. § 2, 25 U.S.C. § 9, 25 U.S.C. § 1901-1952

0 opinions cite 25 C.F.R. § 23.136

0 admin code rules cite 25 C.F.R. § 23.136

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.

No admin code rule cites 25 C.F.R. § 23.136.

0 CFOPs cite 25 C.F.R. § 23.136

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

No CFOP cites 25 C.F.R. § 23.136.

0 sections of law cite 25 C.F.R. § 23.136

Florida statutes and court rules that cite it, and federal law that cites it.

No other law here cites 25 C.F.R. § 23.136.

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(a) Within two years after a final decree of adoption of any Indian child by a State court, or within any longer period of time permitted by the law of the State, the State court may invalidate the voluntary adoption upon finding that the parent's consent was obtained by fraud or duress.

(b) Upon the parent's filing of a petition to vacate the final decree of adoption of the parent's Indian child, the court must give notice to all parties to the adoption proceedings and the Indian child's Tribe and must hold a hearing on the petition.

(c) Where the court finds that the parent's consent was obtained through fraud or duress, the court must vacate the final decree of adoption, order the consent revoked, and order that the child be returned to the parent.

Amended. 2016-12-12 (eCFR).