What is a voluntary proceeding under the ICWA?
The ICWA does not specifically define involuntary and voluntary proceedings. Section 1912 of the ICWA addresses involuntary proceedings, and ยง 1913 addresses voluntary proceedings. A voluntary proceeding under the ICWA is a proceeding where the parent or Indian custodian consents to the foster care or adoptive placement of an Indian child, or voluntarily consents to termination of parental rights. In some cases the proceeding is initiated by the parent or Indian custodian, and in others the proceeding is initiated by the proposed custodian or a social services agency. The common thread is that the parent or Indian custodian agrees with or approves of the proposed custodial arrangement. The ICWA does not prohibit voluntary placements, but imposes conditions on voluntary proceedings to ensure the purposes and intent of the ICWA are followed. A child custody proceeding under the ICWA is voluntary even if the proceeding takes place instead of, or to head off an involuntary proceeding, such
