Parental rights; voluntary termination25 U.S.C. § 1913
1 opinion cite 25 U.S.C. § 1913
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Mississippi Band of Choctaw Indians v. Holyfield 490 U.S. 30 · US490-30 · U.S. Supreme Court 1989
· cited by 1355 in all courts
Under the Indian Child Welfare Act, twins born off the reservation were domiciled there with their parents, so the tribal court had exclusive jurisdiction and the state adoption decree was reversed.
…to Indian tribes and organizations to aid in the establishment of child welfare programs. See 25 U. S. C. §§ 1931-1934 . [7] Section 103(a) of the ICWA, 25 U. S. C. § 1913 (a), requires that any voluntary consent to termination of parental rights be executed in writing and recorded before a judge of a "court of competent…
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(a) Consent; record; certification matters; invalid consents. Where any parent or Indian custodian voluntarily consents to a foster care placement or to termination of parental rights, such consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the presiding judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent given prior to, or within ten days after, birth of the Indian child shall not be valid.
(b) Foster care placement; withdrawal of consent. Any parent or Indian custodian may withdraw consent to a foster care placement under State law at any time and, upon such withdrawal, the child shall be returned to the parent or Indian custodian.
(c) Voluntary termination of parental rights or adoptive placement; withdrawal of consent; return of custody. In any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent.
(d) Collateral attack; vacation of decree and return of custody; limitations. After the entry of a final decree of adoption of an Indian child in any State court, the parent may withdraw consent thereto upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate such decree. Upon a finding that such consent was obtained through fraud or duress, the court shall vacate such decree and return the child to the parent. No adoption which has been effective for at least two years may be invalidated under the provisions of this subsection unless otherwise permitted under State law.
Source. (Pub. L. 95–608, title I, §103, Nov. 8, 1978, 92 Stat. 3072.)