Must notice be given of a change in an adopted Indian child's status?25 C.F.R. § 23.139
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. § 23.139
No opinion cites this provision by number.
0 admin code rules cite 25 C.F.R. § 23.139
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.
No admin code rule cites 25 C.F.R. § 23.139.
0 CFOPs cite 25 C.F.R. § 23.139
How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.
No CFOP cites 25 C.F.R. § 23.139.
0 sections of law cite 25 C.F.R. § 23.139
Florida statutes and court rules that cite it, and federal law that cites it.
No other law here cites 25 C.F.R. § 23.139.
Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.
(a) If an Indian child has been adopted, the court must notify, by registered or certified mail with return receipt requested, the child's biological parent or prior Indian custodian and the Indian child's Tribe whenever:
(1) A final decree of adoption of the Indian child has been vacated or set aside; or
(2) The adoptive parent has voluntarily consented to the termination of his or her parental rights to the child.
(b) The notice must state the current name, and any former name, of the Indian child, inform the recipient of the right to petition for return of custody of the child, and provide sufficient information to allow the recipient to participate in any scheduled hearings.
(c) A parent or Indian custodian may waive his or her right to such notice by executing a written waiver of notice and filing the waiver with the court.
(1) Prior to accepting the waiver, the court must explain the consequences of the waiver and explain how the waiver may be revoked.
(2) The court must certify that the terms and consequences of the waiver and how the waiver may be revoked were explained in detail in English (or the language of the parent or Indian custodian, if English is not the primary language), and were fully understood by the parent or Indian custodian.
(3) Where confidentiality is requested or indicated, execution of the waiver need not be made in a session of court open to the public but still must be made before a court of competent jurisdiction in compliance with this section.
(4) The biological parent or Indian custodian may revoke the waiver at any time by filing with the court a written notice of revocation.
(5) A revocation of the right to receive notice does not affect any child-custody proceeding that was completed before the filing of the notice of revocation.
Amended. 2016-12-12 (eCFR).