What happens to the child when consent is withdrawn? Or placement dismissed?
When the parent or custodian of an Indian child withdraws his or her consent to voluntary foster care placement of the child, “the child shall be returned to the parent or Indian custodian.” 25 U.S.C. ยง 1913(b). When the parents of an Indian child withdraw their consent to termination of parental rights (before a final court decree terminating their parental rights is entered) or withdraw their consent to adoptive placement (before a final court decree of adoption is entered), “the child shall be returned to the parent.” Despite this language, an Indian child is not always returned to the parent or Indian custodian when consent to foster placement, termination of parental rights, or adoption is withdrawn. For example, if a state social services agency determines that it would be dangerous to return an Indian child to his or her parents after consent to foster care placement is withdrawn, the State may initiate an involuntary proceeding pursuant to the ICWA and ask that custody of the c
