Indigent Indian parents or custodians are entitled to court-appointed counsel and to rehabilitative services designed to preserve the family. An Indian parent's voluntary consent to foster placement or termination of parental rights is invalid unless executed before a judge in writing at least ten days after the birth of the child. Consent may be withdrawn at any time prior to entry of a final order or within two years in the event of fraud or duress. The United States Supreme Court has recognized that tribes have an interest in their children that is distinct from and on a par with that of parents. Tribal courts have exclusive jurisdiction concerning custody of reservation-domiciled Indian children and children who are wards of tribal court.
Tribal courts have concurrent jurisdiction concerning all tribal children, wherever they reside.
State courts must ensure that notice of an Indian child custody proceeding in state court is given to the child's tribe, which has the right to intervene. The tribe may request transfer to tribal court, or advocate for family reunification or other placement. The tribe may by resolution alter the ICWA placement preferences. A tribe may obtain upon request a record of any state court placement of a tribal child, together with evidence of efforts made to comply with the ICWA placement preferences. Tribes and states may enter into agreements regarding jurisdiction and custody matters.