article: 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.
summary: Voluntary Adoption Protection Act - Amends the Indian Child Welfare Act of 1978 to exempt voluntary child custody proceedings from coverage under that Act. States that upon written consent by a parent or legal guardian of an Indian child to voluntarily terminate parental rights such Act is inapplicable with respect to any child custody proceeding involving such child.