Who can intervene/participate in a voluntary process?
The ICWA provides at § 1911(c) that the Indian child’s tribe has a right to intervene in any foster care placement or termination of parental rights proceeding, including voluntary proceedings. A number of state courts have held that Indian tribes also have a right to intervene in voluntary proceedings involving an Indian child under state court rules governing intervention of interested parties, even where intervention is not required by the ICWA. See, e.g., In re J.R.S., 690 P.2d 10 ( Alaska 1984). Most courts have applied the policies of the ICWA to conclude that Indian tribes are clearly interested parties with regard to the custody of tribal children, justifying tribal intervention. The Montana Supreme Court held in In re M.E.M., 725 P.2d 212 ( Mont. 1986), that the aunt of an Indian child who had asked for custody of her nephew was entitled to participate in a placement proceeding involving that Indian child. An unwed father is entitled to intervene and participate in a voluntary
