‘‘(I) informed the natural parents of
the placement options with respect to the
child involved;
‘‘(II) informed those parents of the
applicable provisions of this Act; and
‘‘(III) certified that the natural par-
ents will be notified within 10 days after
any termination or change in the adoptive
placement.’’;
(2) by striking ‘‘The court shall also certify’’
and inserting the following:
‘‘(2) The court shall also certify’’;
(3) by striking ‘‘Any consent given prior to,’’
and inserting the following:
‘‘(3) Any consent given prior to,’’; and
(4) by adding at the end the following:
‘‘(4) An Indian custodian who has the legal authority
to consent to an adoptive placement shall be treated as
a parent for the purposes of the notice and consent to
adoption provisions of this Act.’’.
SEC. 7. WITHDRAWAL OF CONSENT.
Section 103(b) of the Indian Child Welfare Act of
1978 (25 U.S.C. 1913(b)) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Any’’; and
(2) by adding at the end the following:
‘‘(2) Except as provided in paragraph (4), a consent
to adoption of an Indian child or voluntary termination
of parental rights to an Indian child may be revoked, only
if—
‘‘(A) no final decree of adoption has been en-
tered; and
‘‘(B)(i) the adoptive placement changes or ter-
minates; or
‘‘(ii) the revocation occurs before the later of
the end of—
‘‘(I) the 180-day period beginning on the
date on which the tribe of the Indian child re-
ceives written notice of the adoptive placement
provided in accordance with the requirements of
subsections (c) and (d), which includes an ex-
planation of the revocation period specified in
this subclause; or
‘‘(II) the 30-day period beginning on the
date on which the parent who revokes consent
receives notice of the commencement of the
adoption proceeding that includes an expla-
nation of the revocation period specified in this
subclause.
‘‘(C) Revocation of consent under this para-
graph shall be effective from the date on which the
parent who revokes consent provides a written rev-
ocation of consent to a party that seeks the vol-
untary adoptive placement of an Indian child or a
written or oral revocation of consent to the State
court, if any, in which any proceeding for a termi-
nation of parental rights to such Indian child, or an
adoption proceeding concerning such Indian child, is
pending. Any revocation sent by mail under this
paragraph shall be effective from the postmarked
date of the notice.
‘‘(3) Immediately upon a revocation under paragraph
(2)—
‘‘(A) the Indian child who is the subject of that
revocation shall be returned to the parent who re-
vokes consent, but such return shall not be con-
strued to affect the rights of the parent to whom the
child is not returned; and
‘‘(B) the court shall send notification of the
revocation to the last known address of the other
parent not later than 5 days after the court received
the revocation.
‘‘(4) Subject to paragraph (6), if, by the end of the
applicable period determined under subclause (I) or (II)
of paragraph (2)(B)(ii), a consent to adoption or voluntary
termination of parental rights has not been revoked, a par-
ent may revoke such consent after that date only—
‘‘(A) pursuant to applicable State law;
‘‘(B) if the parent of the Indian child involved
petitions a court of competent jurisdiction, and the
court finds that the consent to adoption or voluntary
termination of parental rights was obtained through
fraud or duress; or
‘‘(C) if the parent of the Indian child involved
did not receive written notice provided in accordance
with the requirements of subclause (I) or (II) of
paragraph (2)(B)(ii) of this subsection or para-
graphs (3)(A)(i), (3)(B)(ii)–(iv), and (3)(C)(ii)–(iv)
of subsection (h).
‘‘(5) Subject to paragraph (6), if a consent to adop-
tion or voluntary termination of parental rights is revoked
under paragraph (4)(B)—
‘‘(A) the child shall be returned immediately to
the parent who revokes consent; and
‘‘(B) if a final decree of adoption has been en-
tered, that final decree shall be vacated.
‘‘(6) Except as otherwise provided under applicable
State law, no adoption that has been in effect for a period
longer than or equal to 2 years may be invalidated under
this subsection.’’.
SEC. 8. NOTICE TO INDIAN TRIBES.
Section 103(c) of the Indian Child Welfare Act of
1978 (25 U.S.C. 1913(c)) is amended to read as follows:
‘‘(c)(1) A party that seeks the voluntary placement
of an Indian child, including any termination or change
of such voluntary placement, or the voluntary termination
of the parental rights of a parent of an Indian child shall
provide written notice of the placement or proceeding to
the tribe of that Indian child. A notice under this sub-
section shall be sent by registered mail (return receipt re-
quested) to the tribe of the Indian child, not later than
the applicable date specified in paragraph (2) or (3).
‘‘(2)(A) Except as provided in paragraph (3), in each
of the following cases, notice shall be provided under para-
graph (1) by the applicable date specified:
‘‘(i) Not later than 100 days after any foster
care placement of an Indian child occurs.
‘‘(ii) Not later than 5 days after any initial or
subsequent preadoptive or adoptive placement or ter-
mination of an adoptive placement of an Indian
child.
‘‘(iii) Not later than 10 days after the com-
mencement of any proceeding for a termination of
parental rights to an Indian child.
‘‘(iv) Not later than 10 days after the com-
mencement of any adoptive proceeding concerning
an Indian child.
‘‘(B) A notice described in subparagraph (A)(ii) may
be provided before the birth of an Indian child if a party
referred to in paragraph (1) contemplates a specific adop-
tive or preadoptive placement.
‘‘(3) If, after the expiration of the applicable period
specified in paragraph (2), a party referred to in para-
graph (1) discovers that the child involved may be an In-
dian child—
‘‘(A) the party shall provide notice under para-
graph (1) not later than 10 days after the discovery;
and
‘‘(B) any applicable time limit specified in sub-
section (e) shall apply to the notice provided under
subparagraph (A) only if the party referred to in
paragraph (1) has, on or before commencement of
the placement, made a good faith investigation con-
cerning whether the child involved may be an Indian
child.’’.
SEC. 9. CONTENT OF NOTICE.
Section 103(d) of the Indian Child Welfare Act of
1978 (25 U.S.C. 1913(d)) is amended to read as follows:
‘‘(d) Each written notice provided under subsection
(c) shall be based on a good faith investigation and contain
the following:
‘‘(1) The name of the Indian child involved, and
the actual or anticipated date and place of birth of
the Indian child.
‘‘(2) A list containing the name, address, date
of birth, and (if applicable) the maiden name, of
each Indian parent and grandparent of the Indian
child, if—
‘‘(A) known after inquiry of—
‘‘(i) the birth parent placing the child
or relinquishing parental rights; and
‘‘(ii) the other birth parent (if avail-
able); or
‘‘(B) otherwise ascertainable through other
reasonable inquiry.
‘‘(3) A list containing the name and address of
each known extended family member (if any) that
has priority in placement under section 105.
‘‘(4) A statement of the reasons why the child
involved may be an Indian child.
‘‘(5) The names and addresses of the parties in-
volved in any applicable proceeding in a State court.
‘‘(6)(A) The name and address of the State
court in which a proceeding referred to in paragraph
(5) is pending, or will be filed; and
‘‘(B) the date and time of any related court
proceeding that is scheduled as of the date on which
the notice is provided under this subsection.
‘‘(7) The tribal affiliation, if any, of the pro-
spective adoptive parents.
‘‘(8) The name and address of any public or
private social service agency or adoption agency in-
volved.
‘‘(9) An identification of any Indian tribe in
which the Indian child may be a member, is eligible
for membership, or satisfies the requirements of
paragraph (4)(C) of section 4.
‘‘(10) An identification of any Indian tribes in
which the Indian child’s parents or grandparents
may be a member.
‘‘(11) A statement that each Indian tribe iden-
tified under paragraph (9) may have the right to in-
tervene in the proceeding referred to in paragraph
(5).
‘‘(12) An inquiry concerning whether the Indian
tribe that receives notice under subsection (c) in-
tends to intervene under subsection (e) or waive any
such right to intervention.
‘‘(13) A statement that, if the Indian tribe that
receives notice under subsection (c) fails to respond
in accordance with subsection (e) by the applicable
date specified in that subsection, the right of that
Indian tribe to intervene in the proceeding involved
shall be considered to have been waived by that In-
dian tribe unless that Indian tribe did not receive
written notice in accord with the requirements of
subsections (c) and (d).
‘‘(14) If applicable, a statement of the reasons
why the adoptive placement of the Indian child in-
volved was terminated or changed and the date of
such termination or change.’’.
SEC. 10. INTERVENTION BY INDIAN TRIBE.
Section 103 of the Indian Child Welfare Act of 1978
(25 U.S.C. 1913) is amended by adding at the end the
following:
‘‘(e)(1) The tribe of the Indian child involved shall
have the right to intervene at any time in a voluntary child
custody proceeding in a State court only if—
‘‘(A) in the case of a voluntary proceeding to
terminate parental rights, the Indian tribe sent a no-
tice of intent to intervene or a written objection to
the adoptive placement to the court or to the party
that is seeking the voluntary placement of the In-
dian child, not later than 30 days after receiving no-
tice that was provided in accordance with the re-
quirements of subsections (c) and (d); or
‘‘(B) in the case of a voluntary adoption pro-
ceeding, the Indian tribe sent a notice of intent to
intervene or a written objection to the adoptive
placement to the court or to the party that is seek-
ing the voluntary placement of the Indian child, not
later than the later of—
‘‘(i) 90 days after receiving notice of the
adoptive placement that was provided in accord-
ance with the requirements of subsections (c)
and (d); or
‘‘(ii) 30 days after receiving a notice of the
voluntary adoption proceeding that was pro-
vided in accordance with the requirements of
subsections (c) and (d).
‘‘(2) A State court may extend the time period in
paragraph (1) by not more than 15 days if that court de-
termines that extenuating circumstances require such an
extension to promote justice.
‘‘(3)(A) Except as provided in subparagraph (B), the
tribe of the Indian child involved shall have the right to
intervene at any time in a voluntary foster care placement
proceeding in a State court, and also in any other vol-
untary child custody proceeding in a State court in any
case in which the Indian tribe did not receive written no-
tice provided in accordance with the requirements of sub-
sections (c) and (d).
‘‘(B) An Indian tribe may not intervene in any vol-
untary child custody proceeding in a State court if the
Indian tribe gives written notice to the State court or any
party involved of—
‘‘(i) the intent of the Indian tribe not to inter-
vene in the proceeding; or
‘‘(ii) the determination by the Indian tribe that
the child involved—
‘‘(I) is not a member of, or is not eligible
for membership in, the Indian tribe, or
‘‘(II) does not meet the requirements of
paragraph (4)(C) of section 4.
‘‘(4) Except in the case of a voluntary foster care
placement proceeding, if an Indian tribe files a motion for
intervention in a State court under this subsection, the
Indian tribe shall submit to the court, at the same time
as the Indian tribe files that motion, a tribal certification
that includes a statement that documents, with respect to
the Indian child involved, the membership or eligibility for
parents voluntarily consent to the termination of pa-
rental rights.
‘‘(B) Not later than 10 days after the com-
mencement of any adoption proceeding concerning
an Indian child.
‘‘(C) Not later than 5 days after receiving from
an Indian child’s tribe the return receipt with re-
spect to the notice of the adoptive placement of an
Indian child sent to such tribe.
‘‘(3)(A) Each written notice of a termination or
change in an adoptive placement shall contain the fol-
lowing:
‘‘(i) The name of the Indian child involved.
‘‘(ii) A description of the rights of the parent
or parents of an Indian child under paragraphs (2)
and (3) of subsection (b) of this section and sub-
section (a) of section 106.
‘‘(iii) A statement of the reasons why the adop-
tive placement of the child involved was terminated
or changed.
‘‘(iv) The date on which the adoptive placement
of the child involved was terminated or changed.
‘‘(v) The names and addresses of the parties in-
volved in any applicable proceeding or contemplated
proceeding in a State court.
‘‘(vi)(I) The name and address of the State
court in which a proceeding referred to in clause (v)
is pending or will be filed.
‘‘(II) The date and time of any related court
proceeding that is scheduled as of the date on which
the notice is provided under this subsection.
‘‘(vii) The tribal affiliation of the prospective
adoptive parents, if any.
‘‘(viii) The name and address of any public or
private social service agency or adoption agency in-
volved.
‘‘(B) Each written notice of the commencement of an
adoption proceeding concerning an Indian child shall con-
tain the following:
‘‘(i) The name of the Indian child involved.
‘‘(ii) A description of the rights of the parent
or parents of an Indian child under paragraphs (2)
and (3) of subsection (b).
‘‘(iii) The date on which the adoption pro-
ceeding was commenced.
‘‘(iv) If known, the date that is the end of the
180-day period beginning on the date on which the
tribe of the Indian child received written notice of
the adoptive placement.
‘‘(v) The names and addresses of the parties in-
volved in any applicable adoption proceedings in a
State court.
‘‘(vi)(I) The name and address of the State
court in which a proceeding referred to in clause (iii)
is pending.
‘‘(II) The date and time of any related court
proceeding that is scheduled as of the date on which
the notice is provided under this subsection.
‘‘(vii) The name and address of any public or
private social service agency or adoption agency in-
volved.
‘‘(C) Each written notice of the date on which the
Indian child’s tribe received a written notice of the adop-
tive placement that was in accordance with the require-
ments of subsections (c) and (d) shall contain the fol-
lowing:
‘‘(i) The name of the Indian child involved.
‘‘(ii) A description of the rights of the parent
or parents of an Indian child under paragraphs (2)
and (3) of subsection (b).
‘‘(iii) The date that is the end of the 180-day
period beginning on the date on which the tribe of
the Indian child received such written notice of the
adoptive placement.
‘‘(iv) If known, the exact date that is the end
of the 30-day period beginning on the date on which
the parent revoking consent received notice of the
commencement of the adoption proceeding.
‘‘(v) The names and addresses of the parties in-
volved in any applicable adoption proceeding in a
State court.
‘‘(vi) The name and address of the State court
in which a proceeding referred to in clause (v) is
pending.
‘‘(vii) The date and time of any related court
proceeding that is scheduled as of the date on which
the notice is provided under this subsection.’’.
SEC. 12. TRIBAL AFFILIATION INFORMATION.
Section 107 of the Indian Child Welfare Act of 1978
(25 U.S.C. 1917) is amended to read as follows:
‘‘SEC. 107. DISCLOSURE OF INFORMATION REGARDING BIO-
LOGICAL PARENTS.
‘‘If an adopted Indian who is 18 years of age or older,
the tribe of an adopted Indian child, the tribe of an adopt-
ed Indian who is 18 years of age or older, an adoptive
parent or guardian of an Indian child or of an adopted
Indian who is under the age of 18, or, in the case of a
medical emergency or incompetence of an adopted Indian,
an adoptive parent or guardian of an Indian 18 years of