§1913 Parental rights; voluntary termination

Summary

Requires that when a parent or an Indian custodian agrees to place an Indian child in foster care or to end parental rights, the agreement must be written, signed, and made in front of a judge who has authority. The judge must officially say that the parent or custodian was clearly told what the agreement means and that they understood it. The judge must also say whether the explanation was in English or was translated into a language the parent or custodian understood. Any consent given before the birth or within ten days after the birth of the Indian child is not valid. A parent or Indian custodian can withdraw consent to a foster care placement under State law at any time, and the child must be returned. In voluntary cases about ending parental rights or placing a child for adoption, the parent can take back consent for any reason until the court issues a final order, and the child must be returned. After a final adoption order, a parent may try to undo it only by proving the consent was obtained by fraud or force; if the court finds fraud or force, it must cancel the adoption and return the child. An adoption that has been in effect for at least two years cannot be undone under this rule unless State law allows it.