| Ia.
St. Juv. P. § 232B.7
Iowa
Code
Title
VI. Human Services
Subtitle
5. Juveniles
Chapter
232B. Indian Child Welfare Act
232B.7. Parental rights--voluntary
termination or foster care placement
1. If an Indian child's parent or Indian custodian voluntarily consents
to a foster care placement of the child or to termination of parental
rights, the consent shall not be valid unless executed in writing and
recorded before a judge of a court of competent jurisdiction and accompanied
by the judge's certificate that the terms and consequences of the consent
were fully explained in detail and were fully understood by the parent
or Indian custodian. The court shall also certify that either the parent
or Indian custodian fully understood the explanation in English or that
it was interpreted into a language that the parent or Indian custodian
understood. Notwithstanding section 600A.4 or any other provision of law,
any consent for release of custody given prior to, or within ten days
after, the birth of the Indian child shall not be valid.
2.
An Indian child's parent or Indian custodian may withdraw consent to a
foster care placement at any time and, upon the withdrawal of consent,
the child shall be returned to the parent or Indian custodian.
3.
In a voluntary proceeding for termination of parental rights to, or adoptive
placement of, an Indian child, the consent of the parent may be withdrawn
for any reason at any time prior to the entry of a final decree of termination
or adoption, as the case may be, and the child shall be returned to the
parent.
4.
After the entry of a final decree of adoption of an Indian child, the
parent may withdraw consent to the adoption upon the grounds that consent
was obtained through fraud or duress and may petition the court to vacate
the decree. Upon a finding that such consent was obtained through fraud
or duress, the court shall vacate the decree and return the child to the
parent. However, an adoption which has been effective for at least two
years shall not be invalidated under the provisions of this subsection
unless otherwise permitted under
state law.
CREDIT(S)
Added by Acts 2003 (80
G.A.) ch. 153, § 8.
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