I

104TH CONGRESS

2D SESSION H. R. 3156

To amend the Indian Child Welfare Act of 1978 to exempt voluntary child

custody proceedings from coverage under that Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 22, 1996

Mr. TIAHRT introduced the following bill; which was referred to the

Committee on Resources

A BILL

To amend the Indian Child Welfare Act of 1978 to exempt

voluntary child custody proceedings from coverage under

that Act, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Voluntary Adoption

5 Protection Act’’.

6 SEC. 2. FINDINGS AND POLICY.

7 (a) FINDINGS.—Section 2 of the Indian Child Wel8 fare Act of 1978 (25 U.S.C. 1901) is amended—

9 (1) in paragraph (3), by inserting before the

10 semicolon at the end the following: ‘‘and who would
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1 be subject to involuntary removal from the Indian

2 community’’;

3 (2) in paragraph (4)—

4 (A) by inserting ‘‘involuntary’’ before ‘‘re5 moval’’; and

6 (B) by striking ‘‘nontribal public and pri7 vate’’ and inserting in lieu thereof ‘‘public’’;

8 and

9 (3) in paragraph (5), by inserting before the pe10 riod at the end the following: ‘‘in the course of invol11 untary termination of parental rights’’.

12 (b) POLICY.—Section 3 of the Indian Child Welfare

13 Act of 1978 (25 U.S.C. 1902) is amended by inserting

14 ‘‘involuntary’’ before ‘‘removal’’.

15 SEC. 3. DEFINITIONS.

16 Section 3 of the Indian Child Welfare Act of 1978

17 (25 U.S.C. 1903) is amended by adding at the end the

18 following:

19 ‘‘(13) ‘involuntary’, with respect to a child cus20 tody proceeding, means the absence of a written con21 sent by a parent or legal guardian (other than a

22 tribal court) of the Indian child.’’.

23 SEC. 4. CHILD CUSTODY PROCEEDINGS.

24 (a) JURISDICTION.—Section 101 of the Indian Child

25 Welfare Act of 1978 (25 U.S.C. 1911) is amended—
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1 (1) in subsection (a), by inserting ‘‘involuntary’’

2 before ‘‘child custody proceeding’’;

3 (2) in subsection (b)—

4 (A) by inserting ‘‘involuntary’’ before ‘‘fos5 ter care placement’’; and

6 (B) by inserting ‘‘involuntary’’ before ‘‘ter7 mination of parental rights’’; and

8 (3) in subsection (c)—

9 (A) by inserting ‘‘involuntary’’ before ‘‘fos10 ter care placement’’; and

11 (B) by inserting ‘‘involuntary’’ before ‘‘ter12 mination of parental rights’’.

13 (b) COURT PROCEEDINGS.—Section 102 of the In14 dian Child Welfare Act of 1978 (25 U.S.C. 1912) is

15 amended—

16 (1) in subsection (a)—

17 (A) by inserting ‘‘involuntary’’ before ‘‘fos18 ter care placement’’ each place it appears; and

19 (B) by inserting ‘‘involuntary’’ before ‘‘ter20 mination of parental rights’’ each place it ap21 pears;

22 (2) in subsection (b)—

23 (A) by inserting ‘‘involuntary’’ before ‘‘re24 moval’’;
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1 (B) by inserting ‘‘involuntary’’ before

2 ‘‘placement’’; and

3 (C) by inserting ‘‘involuntary’’ before ‘‘ter4 mination of parental rights’’;

5 (3) in subsection (c)—

6 (A) by striking ‘‘a foster care placement’’

7 and inserting in lieu thereof ‘‘an involuntary

8 foster care placement’’; and

9 (B) by inserting ‘‘involuntary’’ before ‘‘ter10 mination of parental rights’’;

11 (4) in subsection (d)—

12 (A) by striking ‘‘a foster care placement’’

13 and inserting in lieu thereof ‘‘an involuntary

14 foster care placement’’; and

15 (B) by inserting ‘‘involuntary’’ before ‘‘ter16 mination of parental rights’’;

17 (5) in subsection (e), by inserting ‘‘involuntary’’

18 before ‘‘foster care placement’’; and

19 (6) in subsection (f), by inserting ‘‘involuntary’’

20 before ‘‘termination of parental rights’’.

21 (c) VOLUNTARY TERMINATION OF PARENTAL

22 RIGHTS.—Section 103 of the Indian Child Welfare Act of

23 1978 (25 U.S.C. 1913) is amended to read as follows:

24 ‘‘SEC. 103. (a) Upon written consent by a parent or

25 legal guardian (other than a tribal court) of an Indian
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1 child to a voluntary child custody proceeding, this title

2 shall thereafter not apply to any child custody proceeding

3 involving the Indian child, and this Act shall thereafter

4 not be the basis for determining jurisdiction over any child

5 custody proceeding involving the Indian child.

6 ‘‘(b) For the purposes of subsection (a), written con7 sent is irrevocable.’’.

8 (d) PETITION TO INVALIDATE ACTION.—Section 104

9 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1914)

10 is amended—

11 (1) by inserting ‘‘involuntary’’ before ‘‘foster

12 care placement’’;

13 (2) by inserting ‘‘involuntary’’ before ‘‘termi14 nation of parental rights’’; and

15 (3) by striking ‘‘101, 102, and 103’’ and insert16 ing in lieu thereof ‘‘101 and 102’’.

17 (e) ADOPTIVE PLACEMENT.—Section 105 of the In18 dian Child Welfare Act of 1978 (25 U.S.C. 1915) is

19 amended—

20 (1) in subsection (a), by inserting ‘‘involuntary’’

21 before ‘‘adoptive placement’’;

22 (2) in subsection (b)—

23 (A) by inserting ‘‘involuntary’’ before ‘‘fos24 ter care’’ each place it appears; and
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1 (B) by inserting ‘‘involuntary’’ before

2 ‘‘preadoptive placement’’ each place it appears;

3 and

4 (3) in subsection (c)—

5 (A) by striking ‘‘a placement’’ and insert6 ing ‘‘an involuntary placement’’; and

7 (B) by striking ‘‘the placement’’ and in8 serting ‘‘the involuntary placement’’ each place

9 it appears.

10 (f) PETITION FOR RETURN OF CUSTODY.—Section

11 106 of the Indian Child Welfare Act of 1978 (25 U.S.C.

12 1916) is amended—

13 (1) in subsection (a)—

14 (A) by inserting ‘‘involuntary’’ before

15 ‘‘adoption’’; and

16 (B) by striking ‘‘foster care, preadoptive,

17 or adoptive placement’’ and inserting in lieu

18 thereof ‘‘involuntary foster care, involuntary

19 preadoptive, or involuntary adoptive place20 ment’’; and

21 (2) in subsection (b) by striking ‘‘further’’.

22 (g) INFORMATION TO ADOPTED CHILD.—Section

23 107 of the Indian Child Welfare Act of 1978 (25 U.S.C.

24 1917) is amended by inserting ‘‘involuntary’’ before

25 ‘‘adoptive’’.
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1 (h) IMPROPER REMOVAL OF CHILD.—Section 110 of

2 the Indian Child Welfare Act of 1978 (25 U.S.C. 1920)

3 is amended—

4 (1) by striking ‘‘an Indian child custody pro5 ceeding’’ and inserting ‘‘an involuntary Indian child

6 custody proceeding’’ in lieu thereof; and

7 (2) by striking ‘‘removed the child’’ and insert8 ing in lieu thereof ‘‘removed an Indian child’’.

9 (i) PROTECTION OF PARENTAL RIGHTS.—Section

10 111 of the Indian Child Welfare Act of 1978 (25 U.S.C.

11 1921) is amended by inserting ‘‘involuntary’’ before ‘‘child

12 custody proceeding’’.

13 SEC. 5. EFFECTIVE DATE.

14 The amendments made by this Act shall take effect

15 as of January 1, 1992. Such amendments shall not apply

16 with respect to any permanent placement of an Indian

17 child for adoption occurring before the date of the enact18 ment of this Act.

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