Voluntary Termination of Parental Rights Under ICWA

When the child is an Indian child and the matter is governed by the Indian Child Welfare Act, 25 U.S.C. section 1913, the following procedures apply to a voluntary termination of parental rights by an Indian parent. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. JUVENILE COURT 234 MINNESOTA COURT RULES Subd. 1. Procedures for Consent. The consent to terminate parental rights by the parent shall not be valid unless: (a) executed in writing; (b) recorded before the judge; and (c) accompanied by the presiding judge's certificate that the terms and consequences of the consent were explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that the parent or Indian custodian fully understood the explanation in English or that it was translated into a language that the parent or Indian custodian understood. Subd. 2. Timing of Consent. Any consent to termination of parental rights given prior to, or within ten days after, the birth of the Indian child shall not be valid. Subd. 3. Parent's Right to Withdraw Consent. Any consent to termination of parental rights by a parent of an Indian child may be withdrawn by the parent at any time prior to the filing of the final order terminating the parent's rights.