[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3156 Introduced in House (IH)]

  2d Session
                                H. R. 3156

To amend the Indian Child Welfare Act of 1978 to exempt voluntary child 
    custody proceedings from coverage under that Act, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 1996

  Mr. Tiahrt introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Indian Child Welfare Act of 1978 to exempt voluntary child 
    custody proceedings from coverage under that Act, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary Adoption Protection Act''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--Section 2 of the Indian Child Welfare Act of 1978 
(25 U.S.C. 1901) is amended--
            (1) in paragraph (3), by inserting before the semicolon at 
        the end the following: ``and who would be subject to 
        involuntary removal from the Indian community'';
            (2) in paragraph (4)--
                    (A) by inserting ``involuntary'' before 
                ``removal''; and
                    (B) by striking ``nontribal public and private'' 
                and inserting in lieu thereof ``public''; and
            (3) in paragraph (5), by inserting before the period at the 
        end the following: ``in the course of involuntary termination 
        of parental rights''.
    (b) Policy.--Section 3 of the Indian Child Welfare Act of 1978 (25 
U.S.C. 1902) is amended by inserting ``involuntary'' before 
``removal''.

SEC. 3. DEFINITIONS.

    Section 3 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903) 
is amended by adding at the end the following:
            ``(13) `involuntary', with respect to a child custody 
        proceeding, means the absence of a written consent by a parent 
        or legal guardian (other than a tribal court) of the Indian 
        child.''.

SEC. 4. CHILD CUSTODY PROCEEDINGS.

    (a) Jurisdiction.--Section 101 of the Indian Child Welfare Act of 
1978 (25 U.S.C. 1911) is amended--
            (1) in subsection (a), by inserting ``involuntary'' before 
        ``child custody proceeding'';
            (2) in subsection (b)--
                    (A) by inserting ``involuntary'' before ``foster 
                care placement''; and
                    (B) by inserting ``involuntary'' before 
                ``termination of parental rights''; and
            (3) in subsection (c)--
                    (A) by inserting ``involuntary'' before ``foster 
                care placement''; and
                    (B) by inserting ``involuntary'' before 
                ``termination of parental rights''.
    (b) Court Proceedings.--Section 102 of the Indian Child Welfare Act 
of 1978 (25 U.S.C. 1912) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``involuntary'' before ``foster 
                care placement'' each place it appears; and
                    (B) by inserting ``involuntary'' before 
                ``termination of parental rights'' each place it 
                appears;
            (2) in subsection (b)--
                    (A) by inserting ``involuntary'' before 
                ``removal'';
                    (B) by inserting ``involuntary'' before 
                ``placement''; and
                    (C) by inserting ``involuntary'' before 
                ``termination of parental rights'';
            (3) in subsection (c)--
                    (A) by striking ``a foster care placement'' and 
                inserting in lieu thereof ``an involuntary foster care 
                placement''; and
                    (B) by inserting ``involuntary'' before 
                ``termination of parental rights'';
            (4) in subsection (d)--
                    (A) by striking ``a foster care placement'' and 
                inserting in lieu thereof ``an involuntary foster care 
                placement''; and
                    (B) by inserting ``involuntary'' before 
                ``termination of parental rights'';
            (5) in subsection (e), by inserting ``involuntary'' before 
        ``foster care placement''; and
            (6) in subsection (f), by inserting ``involuntary'' before 
        ``termination of parental rights''.
    (c) Voluntary Termination of Parental Rights.--Section 103 of the 
Indian Child Welfare Act of 1978 (25 U.S.C. 1913) is amended to read as 
follows:
    ``Sec. 103. (a) Upon written consent by a parent or legal guardian 
(other than a tribal court) of an Indian child to a voluntary child 
custody proceeding, this title shall thereafter not apply to any child 
custody proceeding involving the Indian child, and this Act shall 
thereafter not be the basis for determining jurisdiction over any child 
custody proceeding involving the Indian child.
    ``(b) For the purposes of subsection (a), written consent is 
irrevocable.''.
    (d) Petition To Invalidate Action.--Section 104 of the Indian Child 
Welfare Act of 1978 (25 U.S.C. 1914) is amended--
            (1) by inserting ``involuntary'' before ``foster care 
        placement'';
            (2) by inserting ``involuntary'' before ``termination of 
        parental rights''; and
            (3) by striking ``101, 102, and 103'' and inserting in lieu 
        thereof ``101 and 102''.
    (e) Adoptive Placement.--Section 105 of the Indian Child Welfare 
Act of 1978 (25 U.S.C. 1915) is amended--
            (1) in subsection (a), by inserting ``involuntary'' before 
        ``adoptive placement'';
            (2) in subsection (b)--
                    (A) by inserting ``involuntary'' before ``foster 
                care'' each place it appears; and
                    (B) by inserting ``involuntary'' before 
                ``preadoptive placement'' each place it appears; and
            (3) in subsection (c)--
                    (A) by striking ``a placement'' and inserting ``an 
                involuntary placement''; and
                    (B) by striking ``the placement'' and inserting 
                ``the involuntary placement'' each place it appears.
    (f) Petition for Return of Custody.--Section 106 of the Indian 
Child Welfare Act of 1978 (25 U.S.C. 1916) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``involuntary'' before 
                ``adoption''; and
                    (B) by striking ``foster care, preadoptive, or 
                adoptive placement'' and inserting in lieu thereof 
                ``involuntary foster care, involuntary preadoptive, or 
                involuntary adoptive placement''; and
            (2) in subsection (b) by striking ``further''.
    (g) Information to Adopted Child.--Section 107 of the Indian Child 
Welfare Act of 1978 (25 U.S.C. 1917) is amended by inserting 
``involuntary'' before ``adoptive''.
    (h) Improper Removal of Child.--Section 110 of the Indian Child 
Welfare Act of 1978 (25 U.S.C. 1920) is amended--
            (1) by striking ``an Indian child custody proceeding'' and 
        inserting ``an involuntary Indian child custody proceeding'' in 
        lieu thereof; and
            (2) by striking ``removed the child'' and inserting in lieu 
        thereof ``removed an Indian child''.
    (i) Protection of Parental Rights.--Section 111 of the Indian Child 
Welfare Act of 1978 (25 U.S.C. 1921) is amended by inserting 
``involuntary'' before ``child custody proceeding''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall take effect as of January 1, 
1992. Such amendments shall not apply with respect to any permanent 
placement of an Indian child for adoption occurring before the date of 
the enactment of this Act.
                                 <all>