| A. Agreement |
| 42 U.S.C.A. § 672 |
Parents
or
guardians may voluntarily place a child in foster care. No
dependency or neglect (D&N) proceeding
is brought. If the
placement lasts
ninety days or less, no court action is necessary.
They
must
sign a written voluntary agreement. It
specifies the child’s legal status. It
also outlines the rights and obligations of the parent or guardian and Parents may revoke the agreement at any time. DHS must return the child home unless it asks the court for temporary custody and files a D&N petition. |
| 25 U.S.C.A. § 1913 |
For
an Indian
child, the agreement must be signed before a judge. The judge must certify that the terms and
consequences of the consent were explained in detail and were fully
understood
by the parent or Indian custodian. This certificate must note whether
the
instrument was explained in English or was interpreted into another
language
the parent or Indian custodian understood. Any consent given before or within ten days after
the Indian child’s birth
is invalid.
|