I
105TH CONGRESS
1ST SESSION
H. R. 1957
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
JUNE 18, 1997
Mr. TIAHRT (for himself and Ms. PRYCE of Ohio) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Voluntary Adoption
Protection Act’’.
SEC. 2. FINDINGS AND POLICY.
(a) FINDINGS.—Section 2 of the Indian Child Wel-
fare Act of 1978 (25 U.S.C. 1901) is amended—
(1) in paragraph (3), by inserting before the
semicolon at the end the following: ‘‘and who would
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be subject to involuntary removal from the Indian
community’’;
(2) in paragraph (4)—
(A) by inserting ‘‘involuntary’’ before ‘‘re-
moval’’; and
(B) by striking ‘‘nontribal public and pri-
vate’’ and inserting in lieu thereof ‘‘public’’;
and
(3) in paragraph (5), by inserting before the pe-
riod at the end the following: ‘‘in the course of invol-
untary termination of parental rights’’.
(b) POLICY.—Section 3 of the Indian Child Welfare
Act of 1978 (25 U.S.C. 1902) is amended by inserting
‘‘involuntary’’ before ‘‘removal’’.
SEC. 3. DEFINITIONS.
Section 3 of the Indian Child Welfare Act of 1978
(25 U.S.C. 1903) is amended by adding at the end the
following:
‘‘(13) ‘involuntary’, with respect to a child cus-
tody proceeding, means the absence of a written con-
sent by a parent or legal guardian (other than a
tribal court) of the Indian child.’’.
SEC. 4. CHILD CUSTODY PROCEEDINGS.
(a) JURISDICTION.—Section 101 of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1911) is amended—
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(1) in subsection (a), by inserting ‘‘involuntary’’
before ‘‘child custody proceeding’’;
(2) in subsection (b)—
(A) by inserting ‘‘involuntary’’ before ‘‘fos-
ter care placement’’; and
(B) by inserting ‘‘involuntary’’ before ‘‘ter-
mination of parental rights’’; and
(3) in subsection (c)—
(A) by inserting ‘‘involuntary’’ before ‘‘fos-
ter care placement’’; and
(B) by inserting ‘‘involuntary’’ before ‘‘ter-
mination of parental rights’’.
(b) COURT PROCEEDINGS.—Section 102 of the In-
dian Child Welfare Act of 1978 (25 U.S.C. 1912) is
amended—
(1) in subsection (a)—
(A) by inserting ‘‘involuntary’’ before ‘‘fos-
ter care placement’’ each place it appears; and
(B) by inserting ‘‘involuntary’’ before ‘‘ter-
mination of parental rights’’ each place it ap-
pears;
(2) in subsection (b)—
(A) by inserting ‘‘involuntary’’ before ‘‘re-
moval’’;
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(B) by inserting ‘‘involuntary’’ before
‘‘placement’’; and
(C) by inserting ‘‘involuntary’’ before ‘‘ter-
mination of parental rights’’;
(3) in subsection (c)—
(A) by striking ‘‘a foster care placement’’
and inserting in lieu thereof ‘‘an involuntary
foster care placement’’; and
(B) by inserting ‘‘involuntary’’ before ‘‘ter-
mination of parental rights’’;
(4) in subsection (d)—
(A) by striking ‘‘a foster care placement’’
and inserting in lieu thereof ‘‘an involuntary
foster care placement’’; and
(B) by inserting ‘‘involuntary’’ before ‘‘ter-
mination of parental rights’’;
(5) in subsection (e), by inserting ‘‘involuntary’’
before ‘‘foster care placement’’; and
(6) in subsection (f), by inserting ‘‘involuntary’’
before ‘‘termination of parental rights’’.
(c) 
VOLUNTARY
TERMINATION
OF
PARENTAL
RIGHTS.—Section 103 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1913) is amended to read as follows:
‘‘SEC. 103. (a) Upon written consent by a parent or
legal guardian (other than a tribal court) of an Indian
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child to a voluntary child custody proceeding, this title
shall thereafter not apply to any child custody proceeding
involving the Indian child, and this Act shall thereafter
not be the basis for determining jurisdiction over any child
custody proceeding involving the Indian child.
‘‘(b) For the purposes of subsection (a), written con-
sent is irrevocable.’’.
(d) PETITION TO INVALIDATE ACTION.—Section 104
of the Indian Child Welfare Act of 1978 (25 U.S.C. 1914)
is amended—
(1) by inserting ‘‘involuntary’’ before ‘‘foster
care placement’’;
(2) by inserting ‘‘involuntary’’ before ‘‘termi-
nation of parental rights’’; and
(3) by striking ‘‘101, 102, and 103’’ and insert-
ing in lieu thereof ‘‘101 and 102’’.
(e) ADOPTIVE PLACEMENT.—Section 105 of the In-
dian Child Welfare Act of 1978 (25 U.S.C. 1915) is
amended—
(1) in subsection (a), by inserting ‘‘involuntary’’
before ‘‘adoptive placement’’;
(2) in subsection (b)—
(A) by inserting ‘‘involuntary’’ before ‘‘fos-
ter care’’ each place it appears; and
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(B) by inserting ‘‘involuntary’’ before
‘‘preadoptive placement’’ each place it appears;
and
(3) in subsection (c)—
(A) by striking ‘‘a placement’’ and insert-
ing ‘‘an involuntary placement’’; and
(B) by striking ‘‘the placement’’ and in-
serting ‘‘the involuntary placement’’ each place
it appears.
(f) PETITION FOR RETURN OF CUSTODY.—Section
106 of the Indian Child Welfare Act of 1978 (25 U.S.C.
1916) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘involuntary’’ before
‘‘adoption’’; and
(B) by striking ‘‘foster care, preadoptive,
or adoptive placement’’ and inserting in lieu
thereof ‘‘involuntary foster care, involuntary
preadoptive, or involuntary adoptive place-
ment’’; and
(2) in subsection (b) by striking ‘‘further’’.
(g) INFORMATION
TO ADOPTED CHILD.—Section
107 of the Indian Child Welfare Act of 1978 (25 U.S.C.
1917) is amended by inserting ‘‘involuntary’’ before
‘‘adoptive’’.
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(h) IMPROPER REMOVAL OF CHILD.—Section 110 of
the Indian Child Welfare Act of 1978 (25 U.S.C. 1920)
is amended—
(1) by striking ‘‘an Indian child custody pro-
ceeding’’ and inserting ‘‘an involuntary Indian child
custody proceeding’’ in lieu thereof; and
(2) by striking ‘‘removed the child’’ and insert-
ing in lieu thereof ‘‘removed an Indian child’’.
(i) PROTECTION
OF PARENTAL RIGHTS.—Section
111 of the Indian Child Welfare Act of 1978 (25 U.S.C.
1921) is amended by inserting ‘‘involuntary’’ before ‘‘child
custody proceeding’’.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect
as of January 1, 1992. Such amendments shall not apply
with respect to any permanent placement of an Indian
child for adoption occurring before the date of the enact-
ment of this Act.
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