C.  Consent


25 U.S.C. § 1913(a)
If a parent or Indian custodian voluntarily consents to a foster care placement or termination of parental rights, that consent is only valid if it is:
  • Executed in writing and recorded before a judge of a court of competent jurisdiction;
  • Accompanied by the 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;
  • Accompanied by a court certificate that 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.
25 U.S.C. § 1913(a)
Consent is not valid if it is given before or within ten days after the Indian child’s birth.

25 U.S.C. § 1913(b)
The parent or Indian custodian may withdraw consent to a foster care placement at any time. If the parent or Indian custodian does so, the child must be returned to that person.

25 U.S.C. § 1913(c)
Consent may be withdrawn for any reason at any time before the entry of the final decree of termination or adoption. If consent is withdrawn, the child must be returned to the parent.