INDIAN CHILD WELFARE ACT AMENDMENTS OF 2002

H.R.  4733

SECTION-BY-SECTION DESCRIPTION

 

The “Bill Language” column shows changes made by H.R. 4733 to the existing ICWA as it would appear if

H.R. 4733 became law.  The strikethrough represents ICWA language that has been deleted by H.R. 4733,

 and the boldface represents new language that has been added by H.R. 4733.    

 

H.R. 4733 Bill Language – Section 2

Explanation

§ 1911. Indian tribe jurisdiction over Indian child custody proceedings-Exclusive jurisdiction

 

Jurisdiction Over Child Custody And Child Adoption Proceedings

 

(a) Exclusive jurisdiction

(1)   An Indian tribe shall have jurisdiction exclusive as to any State over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except where such jurisdiction is otherwise vested in the State by existing Federal law. Where an Indian child is a ward of a tribal court, the Indian tribe shall retain exclusive jurisdiction, notwithstanding the residence or domicile of the child.

 

(2) An Indian tribe shall retain exclusive jurisdiction over any involuntary child custody proceeding that involves an Indian child, notwithstanding the residence or domicile of the Indian child, in any case in which the Indian child--

(A) is a ward of a tribal court of that Indian tribe; or

 

(B) has become subject to the jurisdiction of the tribal court of that Indian tribe after a transfer of jurisdiction is carried out under subsection (b).

 

(3) An Indian tribe shall retain exclusive jurisdiction over any voluntary child custody proceeding that involves an Indian child, notwithstanding any subsequent change in the residence or domicile of the Indian child, in any case in which the Indian child--

(A) resided or was domiciled within the reservation of that Indian tribe at the time the child custody proceeding commenced; or

 

(B) has become subject to the jurisdiction of the tribal court of that Indian tribe after a transfer of jurisdiction is carried out under subsection (b)..

 

      (4) The provisions of paragraph (2) of this subsection and subsection (b) shall apply to any child custody proceeding which became subject to concurrent State jurisdiction pursuant to the Act of August 15, 1953, or any other Federal law-.

 

     (5) Subject to section 108(b)(1) and 109, subsection (b) of this section, and paragraphs (2) and (3) of this subsection, but notwithstanding the existence or absence of a reservation in Alaska, Indian tribes in Alaska shall have concurrent jurisdiction with the State of Alaska over child custody proceedings involving Indian children who reside or are domiciled within the State of Alaska.

 

    (6) Subject to sections 108 and 109, this subsection, and subsection (b) of this section, but notwithstanding paragraph (5) of this subsection, any person seeking to adopt an Indian child in an Alaskan State court may, at any time, petition tribal court of the Indian child’s tribe to approve the adoption and, upon said tribal court agreeing to hear and determine the petition, the adoptive placement proceedings shall be within the exclusive jurisdiction of the Indian child’s tribe.

 

    “(7) Nothing in paragraph (5) shall  affect –

 

(A)    ‘the right of any Indian tribe in Alaska to

       exercise jurisdiction pursuant to subsection (b) over

       any Indian child who resides or is domiciled outside

       the State of Alaska’; and

(B)    ‘the jurisdiction under paragraph (1) of any

       Indian tribe with a reservation within the exterior

       boundaries of the State of Alaska’”.

 

 

 

Section 2 clarifies that an Indian tribe retains exclusive jurisdiction over involuntary Indian child custody proceedings where the child is a ward of the tribal court and in voluntary Indian child custody proceedings where the child is resident or domiciled on the reservation at the time the child custody proceeding began. The amendment also clarifies that in any child custody proceeding, the tribe retains exclusive jurisdiction over children who become wards of the tribal court after a transfer of jurisdiction from a state court. The amendment further clarifies that P.L. 83-280 and similar laws do not diminish the exclusive jurisdiction of tribes over children who are wards of a tribal court or are otherwise within the exclusive jurisdiction of a tribe. In addition, the amendment authorizes Alaska tribes to exercise concurrent jurisdiction with the state over Indian children who reside in or are domiciled in Alaska and permits petitioners seeking to adopt an Indian child in an Alaska state court to remove the proceedings to a tribal court if that court agrees to assume jurisdiction over the adoption.


 

H.R. 4733 Bill Language – Section 3

Explanation

§ 1911. Transfer of proceedings: declination by tribal court

 

Transfer Of Jurisdiction To Tribal Court

 

(b) Transfer of proceedings; declination by tribal court

In any State court child custody proceeding for the foster care placement of, or termination of parental rights to, involving an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, or on any other lands described in a resolution of an Indian tribe adopted pursuant to section 108 (c), the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child’s tribe,: Provided . That such transfer shall be subject to declination by the tribal court of such tribe. unless-

 

“(1) the tribal court of such tribe declines the transfer jurisdiction;

 

(2)   the tribal court does not have subject matter jurisdiction under the laws of the tribe or Federal law;

 

(3)   in circumstances where evidence necessary to decide the case cannot be adequately presented in tribal court without undue hardship to the parties or the witnesses, the tribal court is unable to mitigate such hardship by making arrangements to receive and consider such evidence by remote communication, hearing the evidence at a location convenient to the parties or the witnesses, or any other means permitted in the tribe’s rules of evidence or discovery; or

 

(4)   either parent objects to the transfer of jurisdiction and the objection is consistent with section 2(3) recognizing the vital relationship between Indian tribes and their children and the policy set forth in section 3 that it is in the best interests of Indian children requiring foster or adoptive home placement to be placed in homes that reflect the unique values of Indian culture.”

 

 

Section 3 defines the circumstances under which a state court can deny a petition to transfer jurisdiction to a tribe. Transfer can be denied only if the tribe declines the transfer, the tribe does not have subject matter jurisdiction, the tribal forum is inconvenient and the tribe is unwilling or unable to mitigate the inconvenience, or a parent objects to transfer, and the objection is consistent with maintaining the child’s relationship with the tribe and with placing the child in a home that reflects the unique values of Indian culture.

 


 

H.R. 4733 Bill Language – Section 4

Explanation

§ 1911. Indian tribe jurisdiction over Indian child custody

proceedings

 

Intervention In State Court Proceedings

 

(c) State court proceedings; intervention.

In any State court proceeding for the foster care placement of, or termination of parental rights to, Except as provided in section 103 (e), in any State court child custody proceeding involving an Indian child, the Indian custodian of the child and the Indian child's tribe shall have a right to intervene at any point in the proceeding and any member of the Indian child’s extended family shall have a right to intervene in order to seek the placement of the child in accordance with section 105.

 

Section 4 makes a conforming technical amendment that places conditions on an Indian tribe’s existing right of intervention in a voluntary child custody proceeding based on the amendments contained in section 11. The amendment also recognizes the right of tribes to intervene in adoption proceedings and the right of extended family members to intervene in child custody proceedings in order to seek placement of a child.

 

 

 

 

 


 

H.R. 4733 Bill Language – Section 5

Explanation

§ 1911. Indian tribe jurisdiction over Indian child custody proceedings.

 

Full Faith and Credit

 

(d) Full faith and credit to public acts, records, and judicial proceedings of Indian tribes. The United States, every State, every territory or possession of the United States, and every Indian tribe shall give full faith and credit to the public acts, records, and judicial proceedings judicial proceedings, and tribal court judgments of any Indian tribe applicable to Indian child custody proceedings and to such other proceedings, including divorce proceedings, as may involve the determination of an Indian child’s custody to the same extent that such entities give full faith and credit to the public acts, records, and judicial proceedings judicial proceedings, and judgments of any other entity.

 

This amendment clarifies that the full faith and credit provisions of ICWA apply to tribal court judgments involving the custody of Indian children whether the judgment was entered in a child custody proceeding or otherwise.


 

H.R. 4733 Bill Language  - Section 6

Explanation

§ 1912. Pending court proceedings-Notice; time for commencement of proceedings; additional time for preparation

 

Pending Court Proceedings

 

(a)

(1)   In any State court, where the court knows or has reason to know than an Indian child is involved, the party seeking the foster care placement of, or termination of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child’s tribe, by registered mail with return receipt requested, of the pending proceedings and of their right of intervention. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, such notice shall be given to the Secretary in like manner, who shall have fifteen days after receipt to provide requisite the notice to the parent or Indian custodian or tribe. No foster care placement or termination of parental rights shall be held until at least ten days after receipt of notice by the parent or Indian custodian and the tribe or the Secretary: Provided. That the parent or Indian custodian or the tribe shall, upon request be granted up to twenty additional days to prepare for such proceeding.

 

(2)   Any involuntary child custody proceeding in a State court commenced prior to the birth of the Indian child shall not be valid

 

(3)   Any notice under paragraph (1) shall contain information required under paragraphs (1), (2) through (5), and (7) through (10) of section 103 (d). In addition, such notice shall include any complaint or petition and court orders and contain the following:

 

“(A) The child’s residence address and domicile, if known.

 

  (B) A list containing the name, address, and date of birth (if applicable) the maiden name of each parent and grandparent of the Indian child, if –

(i)                  known after inquiry of birth parent

            or

(ii)                otherwise ascertainable through other reasonable inquiry.

 

(C)   A statement of the nature of the proceeding, the allegations made in support of the complaint or petition, and the relief sought.

 

(D)   A statement of the right of the parent or Indian custodian and the Indian child’s tribe to request that the proceeding be transferred to the tribal court of such tribe.

 

(E)    A statement that a parent or Indian custodian unable to afford counsel may request that the court appoint counsel to represent such parent or Indian custodian.

 

(F)    If applicable, a statement of the right of the parent or Indian custodian and the Indian child’s tribe to request at least 20 additional days from the date of receipt of notice of the proceeding to prepare for the proceeding.

 

(G)   A statement of the potential legal consequences of an adjudication of the complaint or petition on the rights of any parent or Indian custodian and the potential legal consequences for failing to respond to the complaint or petition.

 

(H)   A statement as to whether a written response to the complaint or petition must be filed and, if so, the date that the response must be received by the court. The statement shall include an explanation of the legal consequences of failure to file such written response.

 

(I)      A statement of the right of each party to examine all reports or other documents filed with the court upon which any decision with respect to the complaint or petition may be based.

 

(b) same as in original ICWA

(c) same as in original ICWA

(d) same as in original ICWA

(e) same as in original ICWA

(f) same as in original ICWA

 

(g)(1) Whenever, following the involuntary termination of the parental rights of a parent of an Indian child, and Indian child is placed in a preadoptive or adoptive placement, including termination or change of such placement, or is the subject of an adoption proceeding, the party seeking the placement of the child or filing the proceeding shall provide written notice of the placement or proceeding to the tribe of such Indian child in accordance with subsection c(2)(A)(ii) and (iv) and (3)(A) of section 103. A notice under this subsection shall be sent by registered mail (return receipt requested).”

 

“(2) Any notice under paragraph (1) shall contain the information required under paragraphs (1), (2) through (10), and (13) of section 103(d) and paragraph (2)(A) of subsection (a). In addition, such notice shall include any complaint or petition and court orders and contain the following:

(A)    A list containing the name, address, date of birth, and (if applicable) the maiden name of each parent and grandparent of the Indian child, if –

 

(i)                  known after inquiry of a birth parent;

or

 

(ii)                otherwise ascertainable through other reasonable inquiry

 

(B)    A statement of the circumstances that supported a termination of the parental rights of the parents of the Indian child.”

 

 

 

(h)(1) Whenever, in connection with a proceeding or other action under this section, a party seeks the placement of an Indian child, including any termination or change of such placement, such party shall provide written notice of the placement to the Indian child’s extended family members listed in any notice sent pursuant to subsection (a). The notice shall be provided in accordance with subsection (c)(2)(A) and (3)(A) of section 103. A notice under this subsection shall be sent by registered mail (return receipt requested).”

 

“(2) Any notice under paragraph (1) shall contain the information required under paragraphs (1) through (9) of section 103(d). In addition, such notice shall contain the following:

(A) A statement that each extended family member identified in the notice has the right to intervene in any proceeding described in the notice in order to seek the placement of the child.

 

 (B) A statement that each extended family member identified in the notice has the right to seek the placement of the child without having to intervene in any proceeding described in the notice.

 

(C)                  A statement as to whether written response to the notice must be filed and, if so, the date that the response must be received and the name and address to which the response must be sent. The statement shall include an explanation of the legal consequences, if any, of failure to file such written response.

 

(D)   A description of any information that must be provided by the extended family in order for such member to be considered as a placement for the child.

 

(E)    A description of the procedure that an extended family member must take any action required in order to be so considered.”

 

 

 

 

 

 

 

 

 

Section 6 invalidates any involuntary child custody proceeding commenced prior to the birth of an Indian child. Section 6 also specifies the content of the notices required to be sent to parents, Indian custodians, and Indian tribes concerning involuntary foster care or termination of parental rights proceedings. In general, the notices must provide those notified with an explanation of their legal rights under ICWA and state law.

 

Section 6 also requires notice to the Indian child’s tribe of any preadoptive or adoptive placement or proceeding, involving an Indian child, that occurs after an involuntary termination of the parental rights of a parent of such a child and specifies the content of this notice and the time for sending the notice. In addition, the amendment requires that specified members of the Indian child’s extended family be notified whenever the foster care, preadoptive or adoptive placement of an Indian child is sought as part of or as a consequence of an involuntary child custody proceeding or other action under section 102. The content and time for sending these notices are also specified.

 

 

 


 

H.R. 4733 Bill Language - Section 7

Explanation

§ 1913. Parental rights; voluntary termination

 

Voluntary Termination of Parental Rights

 

(a)

     (1)Where any parent or Indian custodian voluntarily consents to 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 understood by the parent or Indian custodian. Where any parent or Indian custodian voluntarily consents to foster care or preadoptive or adoptive placement or to termination of parental rights, such consent shall not be valid unless –

 

“(A) executed in writing

  (B) recorded before a judge of a court of competent jurisdiction; and

  (C) accompanied by the presiding judge’s certificate that –

(i)                  the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian

(ii)                any attorney or public or private agency that facilitates the voluntary termination of parental rights or preadoptive or adoptive placement has –

 

(I) informed the natural parents of the placement options with respect to the child involved;

(II) informed those parents of the applicable provisions of this Act; and

(III) certified that the natural parents will be notified within 10 days after any termination of or change in the adoptive placement”

The court shall also certify 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, Any consent given prior to, or within ten days after, birth of the Indian child shall not be valid. An Indian custodian who has legal authority to consent to an adoptive placement shall be treated as a parent for the purposes of the notice and consent to adoption provisions of this Act.

 

Section 7 clarifies that ICWA applies to voluntary consents to adoptive, preadoptive, and foster care placements. In addition, the presiding judge must certify that any attorney or public or private agency facilitating the voluntary termination of parental rights or adoptive placement has informed the birth parents of the placement options available and of the applicable provisions of ICWA and has certified that the birth parents will be notified within 10 days of any change in the adoptive placement. An Indian custodian vested with legal authority to consent to an adoptive placement is to be treated as a parent under ICWA, including the requirements governing notice and consent.

 

 


 

H.R. 4733 Bill language - Section 8

Explanation

§ 1913 Foster care placement, withdraw of consent

 

Withdrawl of Consent

  (1) 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.

 (2) Except as provided in paragraph (4), a consent to adoption of an Indian child or voluntary termination of parental rights to an Indian child may be revoked, only if –

 

(A) no final decree of adoption has been entered; and

(B)

(i)                   the adoptive placement changes or terminates; or

(ii)                                                    (ii)       the revocation occurs before the later of the end of –-

(I)                 the 180-day period beginning on the date on which the tribe of the Indian child receives written notice of the adoptive placement provided in accordance with the requirements of subsections (c) and (d), which includes an explanation of the revocation period specified in this subclause; or

 

(II)       the 30-day period beginning on the date on which the parent who revokes consent receives notice of the commencement of the adoption proceeding that includes an explanation of the revocation period specified in this subclause.

 

(C) Revocation of consent under this paragraph shall be effective from the date on which the parent who revokes consent provides a written revocation of consent to a party that seeks the voluntary adoptive placement of an Indian child or a written or oral revocation of consent to the State court, if any, in which any proceeding for a termination of parental rights such as Indian child, or an adoption proceeding concerning to such an Indian child is pending. Any revocation sent by mail under this paragraph shall be effective from the postmarked date of the notice.

(3) Immediately upon revocation under paragraph (2) –

(A)    the Indian child who is the subject of that revocation shall be returned to the parent who revokes consent, but such return shall not be construed to effect the rights of the parent to whom the child is not returned; and

(B)    the court shall send notification of the revocation to the last known address of the other parent not later than 5 days after the court received the revocation.

 

(4) Subject to paragraphs (2)(A), (2)(B)(i) and (6), if, by the end of the applicable period determined under subclause (I) or (II) of paragraph (2)(B)(ii), a consent to adoption or voluntary termination of parental rights has not been revoked, a parent may revoke such consent after that date only –

(A)    pursuant to applicable State law

 

(B)    if the parent of the Indian child involved petitions a court of competent jurisdiction, and the court finds that the consent to adoption or voluntary termination of parental rights was obtained through fraud or duress; or

 

(C)   if the parent of the Indian child involved did not receive each applicable written notice required by paragraphs (3)(A), (3)(B), and (3)(C) of subsection (h)

 

 

(5) Subject to paragraph (6), if a consent to adoption or voluntary termination of parental rights is revoked under paragraph 4(B) –

“(A) the child shall be returned immediately to the parent who revokes consent; and

 

(C)   if a final decree of adoption has been entered, that final decree shall be vacated.”

 

(6) Except as otherwise provided under applicable State law, no adoption that has been in effect for a period longer than or equal to 2 years may be invalidated under this subsection.

 

Section 8 sets limits on when an Indian parent may withdraw consent to an adoption.  A birth parent can revoke consent under one of the following timelines:

 

1)       if no final decree of adoption has been entered, within the later of

(a) a 30 day period that starts on the day the parent receives notice of the adoption proceeding, or

(b) a 180 day period that begins on the day the tribe has received notice of the adoptive placement

 

2)       at any time before a final decree of adoption is entered if the original placement is changed or terminated

 

This section also provides that if a birth parent has not revoked consent under one of these timelines then consent may only be revoked under applicable timelines established under state law or by a court finding that the consent was obtained through fraud or duress.

 

No adoption that has been in effect longer than or equal to two years can be invalidated.

 

 

 

 


 

H.R. 4733 Bill Language - Section 9

Explanation

§ 1913. Parental rights; voluntary termination

 

Notice to Tribes

 

(c)(1) 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. A party that seeks the voluntary termination of the parental rights of a parent of an Indian child, including –

“(A) any preadoptive or adoptive placement subsequent to an involuntary termination of parental rights of a parent of an Indian child; and

 

(B) any termination or change of such voluntary placement, shall provide written notice of the proposed placement or proceeding to the tribe of that Indian child. A notice under this subsection shall be sent by registered mail (return receipt requested) to the tribe of the Indian child, not later than the applicable date specified in paragraph (2) or (3) and shall include a copy of any complaint or petition and any court orders.”

 

(2)     (A) Except as provided in paragraph (3), in each of the following cases, notice shall be provided under paragraph (1) by the applicable dates specified:

“(i) Not later than 100 days after any foster care placement of an Indian child occurs.

(ii) Not later than 5 days after any initial or subsequent preadoptive or adoptive placement or termination of of an adoptive placement of an Indian child.

 

(iii)   Not later than 10 days after the commencement of any proceeding for a termination of parental rights to an Indian child.

 

(iv)Not later than 10 days after the commencement of any adoptive proceeding concerning an Indian child.”

 

 (B) A notice described in subparagraph (A)(ii) may be provided before the birth of an Indian child if a party referred to in paragraph (1) contemplates a specific adoptive or preadoptive placement.

 

(3)               If, after the expiration of the applicable period specified in paragraph (2), a party referred to in paragraph (1) discovers that the child involved may be an Indian child –

 

(A)    the party shall provide notice under paragraph (1) not later than 10 days after the discovery;

 

and

 

(B) any applicable time limit specified in subsection (e) shall apply to the notice provided under subparagraph (A) only if the party referred to in paragraph (1) has, on or before commencement of the placement, made a good faith investigation concerning whether the child involved may be an Indian child.

Section 9 requires that notice be provided to the child’s tribe by any person seeking the voluntary placement of an Indian child or termination of the parental rights of a parent of an Indian child.  The notice must be provided under the following timelines:

 

1)       100 days after a foster care placement,

2)       5 days after a pre-adoptive or adoptive placement or termination of an adoptive placement,

3)       10 days after a proceeding to terminate parental rights, and

4)       10 days after an adoption proceeding

 

Notice can also be given prior to the birth of an Indian child when a placement is contemplated earlier.

 

If after the notice periods have expired, it is discovered that a child may be Indian, the time limitations on a tribe’s right to intervene only apply if the tribe is provided notice within 10 days after the discovery was made.


 

H.R. 4733 Bill Language - Section 10

Explanation

§ 1913. Parental rights; voluntary termination

 

Content of Notice

 

(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.

 

(d) Each written notice provided under subsection (c) shall be based on a good faith investigation and contain the following:

(1) The name of the Indian child involved, and the actual or anticipated date and place of birth of the Indian child.

 

(2) A list containing the name, address, date of birth, and (if applicable) the maiden name of each Indian parent and grandparent of the Indian child and the name and address of each known extended family member (if any) that has priority in placement under section 105, if--

(A) known after inquiry of--

(i) the birth parent placing the child or relinquishing parental rights; and

(ii) the other birth parent (if available); or

(B) otherwise ascertainable through other reasonable inquiry.

(3) A statement of the reasons why the child involved may be an Indian child.

(4) The names and addresses of the parties involved in any applicable proceeding in a State court.

(5) (A) The name and address of the State court in which a proceeding referred to in paragraph (5) is pending, or will be filed; and

      (B) the date and time of any related court proceeding that is scheduled as of the date on which the notice is provided under this subsection.

(6) The tribal affiliation if any, of the prospective adoptive parents.

(7) The name and address of any public or private social service agency or adoption agency involved.

(8) An identification of any Indian tribe with respect to which the Indian child or parent may be a member, is eligible for membership, or satisfies the requirements of paragraph 4(C) of section 4.

(9) An identification of any Indian tribes in which the Indian child’s parents or grandparents may be a member.

(10) A statement that each Indian tribe identified under paragraph (8) may have the right to intervene in the proceeding referred to in paragraph (4).

(11) An inquiry concerning whether the Indian tribe that receives notice under subsection (c) intends to intervene under subsection (e) or waive any such right to intervention.

(12) A statement that, if the Indian tribe that receives notice under subsection (c) fails to respond in accordance with subsection (e) by the applicable date specified in that subsection, the right of that Indian tribe to intervene in the proceeding involved shall be considered to have been waived by that Indian tribe.

(13) If applicable, a statement of the reasons why the adoptive placement of the Indian child involved was terminated or changed and the date of such termination or change.

 

 

 

Requires that the notice to Indian tribes under section 9 must include the following and be based on a good faith investigation:

 

1)       name of the Indian child

2)       actual or anticipated date and place of birth of the child

3)       identification, if known after reasonable inquiry, of the Indian parent and  grandparent of the Indian child and a list of known extended family members

4)       statement of the reasons why a child may be an Indian child

5)       information on the parties involved and court proceedings in state court

6)       notification to the tribe that it may have a right to intervene

7)       inquiry into whether the tribe intends to intervene or waive its right to intervene

8)       statement that if the tribe fails to respond by the deadlines in section 11, the right of the tribe to intervene will be considered to have been waived

 


 

H.R. 4733 Bill  Language – Section 11

Explanation

§ 1913. Parental rights; voluntary termination

 

Intervention by Indian Tribe

 

 (e)(1) The tribe of the Indian child involved shall have the right to intervene at any time in a voluntary child custody proceeding in a State court only if--

(A) in the case of a voluntary proceeding to terminate parental rights, the Indian tribe sent a notice of intent to intervene or a written objection to the adoptive placement to the court or to the party that is seeking the voluntary placement of the Indian child, not later than 45 days after receiving notice that was provided in accordance with the requirements of subsections (c) and (d); or

 

(B) in the case of a voluntary adoption proceeding, the Indian tribe sent a notice of intent to intervene or a written objection to the adoptive placement to the court or to the party that is seeking the voluntary placement of the Indian child, not later than the later of--

(i) 100 days after receiving notice of the adoptive placement that was provided in accordance with the requirements of subsections (c) and (d); or

(ii) 45 days after receiving a notice of the voluntary adoption proceeding that was provided in accordance with the requirements of subsections (c) and (d).

(2) A State court may extend the time period in paragraph (1) by not more than 15 days if that court determines that extenuating circumstances require such an extension to promote justice.

(3)(A) Except as provided in subparagraph (B), the tribe of the Indian child involved shall have the right to intervene at any time in a voluntary child custody proceeding in a State court in any case in which the Indian tribe did not receive written notice provi