3431 Relinquishment of Indian Children

Special circumstances exist when a child and or parent(s) of Indian heritage are involved in a relinquishment. The DCF Foster Care Liaison must work closely with the region attorney to ensure court documents and processes for relinquishment meet the requirements of the Indian Child Welfare Act.

1. The following must be addressed:
1. The parent(s) or Indian custodian is of sound mind and body and not under undue restraint, duress, or influence of illicit drugs or other substances.
2. The tribal heritage of the parent(s) or Indian custodian and the child is documented. This may include tribal identification numbers.
3. The legal rights to the child are being relinquished to the Secretary of DCF.
4. The primary language of the parent(s) or Indian custodian must be documented.
5. If English is not the primary language, it must be demonstrated that the terms and consequences of the relinquishment were interpreted into a language the parent or Indian custodian understood.
6. The relinquishment must not be given prior to or within 10 days after the birth of the Indian child.
7. The relinquishment must be signed in front of a judge.
8. The parent or Indian custodian must understand that the relinquishment can be withdrawn prior to the filing of the final order of adoption.
9. The parent or Indian custodian does not reside upon an Indian reservation.
10. The parent(s) or Indian custodian may execute a consent to adopt in lieu of a relinquishment. The same safeguards apply.
11. The adoptive parents of an Indian child are named in a consent to adopt but are not in the case or a relinquishment.
12. If a consent to adopt is executed, the case is then considered a private adoption and the agency is relieved of custody of the Indian child. No adoption subsidy is available to the adoptive parents when a consent to adopt is executed.
2. Inquire as to whether the child/family has any Indian tribal affiliation (per the Indian Child Welfare Act). If so, it is important to have the names of the ancestors to determine tribal enrollment and to obtain permission of the tribe to proceed with placement. Review the documentation of ICWA compliance and update the form PPS 5340.
3. Indian tribal affiliation shall be determined at the time the child comes into the custody of the Secretary, not at the time of relinquishment. However, relinquishment procedures with Indian children differ from that of non-Indians, and the worker shall make certain there is no Indian tribal affiliation before the relinquishment process proceeds.