What types of voluntary proceedings are covered by the Indian Child Welfare Act?
ICWA covers three types of voluntary proceedings: foster care placements, termination of parental rights proceedings, and adoption proceedings. The voluntary proceeding provisions of ICWA primarily apply to the giving of consent by a parent or Indian custodian in a voluntary foster care placement, termination of parental rights, or adoptive placement proceeding. Voluntary foster care placement proceedings include giving temporary custody to another person or to a tribal, state or private social services agency, guardianships, and any other temporary custody arrangements. Adoptive proceedings include any action resulting in a final decree of adoption. There is a difference in use of the term “foster care placement” under ICWA as it applies to voluntary proceedings versus involuntary proceedings. Foster care placement in an involuntary court action is defined by ICWA as any temporary placement of an Indian child where the parent or Indian custodian cannot have the child returned upon dem
