232B.7 - PARENTAL RIGHTS -- VOLUNTARY TERMINATION OR FOSTER CARE PLACEMENT.
232B.7 PARENTAL RIGHTS -- VOLUNTARY TERMINATION OR
FOSTER CARE PLACEMENT.
1. If an Indian child's parent or Indian custodian voluntarily
consents to a foster care placement of the child or to termination of
parental rights, the consent shall not be valid unless executed in
writing and recorded before a judge of a court of competent
jurisdiction and 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. 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. Notwithstanding section 600A.4 or any other provision of
law, any consent for release of custody given prior to, or within ten
days after, the birth of the Indian child shall not be valid.
2. An Indian child's parent or Indian custodian may withdraw
consent to a foster care placement at any time and, upon the
withdrawal of consent, the child shall be returned to the parent or
Indian custodian.
3. In a 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parent may be withdrawn for any reason at any time prior to the entry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.
4. After the entry of a final decree of adoption of an Indian
child, the parent may withdraw consent to the adoption upon the
grounds that consent was obtained through fraud or duress and may
petition the court to vacate the decree. Upon a finding that such
consent was obtained through fraud or duress, the court shall vacate
the decree and return the child to the parent. However, an adoption
which has been effective for at least two years shall not be
invalidated under the provisions of this subsection unless otherwise
permitted under state law. Section History: Recent Form
2003 Acts, ch 153, §8