Illinois Department of Children and Family Services
FFY 2012 Annual Progress and Services Report
125
custodian understood. Any consent given prior to, or within ten days after, the birth of the Indian
child shall not be valid.
A parent or Indian custodian may withdraw consent to a foster care placement under State law at
any time and, upon such withdrawal, the child shall be returned to the parent or Indian custodian
when the sole basis of placement was the consent.
When a parent of an Indian child has executed a surrender or consent for adoption, the surrender
or consent may be withdrawn by the parent for any reason at any time prior to the entry of an
order terminating that parent's parental rights or an order of adoption, as the case may be, and the
child shall be returned to the parent.
After the entry of an order of adoption of an Indian child, the parent may petition the court to
vacate the order for adoption on the grounds that his or her consent was obtained through fraud
or duress. If the court finds that the consent was obtained through fraud or duress, the court shall
vacate the order of adoption and return the child to the parent. No action to void or revoke a
consent to or surrender for adoption based on fraud or duress may be commenced after 24
months from the date of the entry of the order for adoption.
Indian Child Welfare Advocacy Program
The Department’s Indian Child Welfare Advocacy Program was developed to serve Indian
Children and their immediate family members and to ensure compliance with the Indian Child
Welfare Act. Increased awareness and compliance with the Indian Child Welfare Act through
ongoing education and training of child welfare staff has resulted in increased timeliness of
referral to the program. From May 2011 through May 2012, there were approximately 90 new
referrals to the ICWA program to inquire as to a child’s possible Native American heritage and
to obtain information regarding necessary compliance with the Act.
DCFS-ICWA Program Advocates serve as liaisons between the court, the child’s case work team
and tribal representative(s) for the child. The program works with tribal representatives through
the country to determine a child’s eligibility under ICWA, as well as to ensure the provision of
child welfare services consistent with its mandates. DCFS ICWA Advocates maintain ongoing
communication with the child’s tribe and report any recommendations and resources identified
by the tribe to the court and child’s case management team. The ICWA advocates work with the
child’s family team including identified tribal representatives to review service and case planning
provisions for the child and family to ensure that active efforts are made consistent with the
Indian Child Welfare Act to prevent disruption and/or facilitate reunification of the child with
their family, as well as ensure that diligent efforts are made in identifying and locating extended
family resources for the child.
If a determination is made that a child is eligible for services under the Indian Child Welfare Act,
the ICWA Advocates work closely with the child’s tribal representatives, the court, the child’s
family and case management team to ensure coordination of services consistent with the Indian
Child Welfare Act including active efforts in service delivery to the family, diligent search for
members of the child’s family as potential resources and education/advocacy regarding the
child’s Native heritage. In situations in which a child is placed in a non-Indian foster or adoptive
