1. (a) Prior to the placement of an Indian child for adoption, the agency shall inform the applicant of the birth parents' right to:

   1. (1) Rescind the relinquishment and have the child returned at any time prior to the entry of a final decree of adoption by the court.
   2. (2) Petition the court within five years of the granting of the final decree of adoption to set aside a decree of adoption upon the grounds that the relinquishment was obtained through fraud or duress.
   3. (3) Petition the court to invalidate any action terminating parental rights if termination procedures did not comply with the ICWA.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Sections 8619 and 8621, Family Code. Reference: Section 9102, Family Code; and 25 U.S.C. 1913(c).

History

1. New section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this regulation was delayed due to necessary reformatting (Register 88, No. 50). For history of former chapter 3, see Register 88, No. 1.

2. Change without regulatory effect amending Note filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).

3. Change without regulatory effect amending Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).