Native American Mother may withdraw consent to guardianship

In an interesting case, Michigan's court of appeals (COA) decided yesterday that the Indian Child Welfare Act applies to foster care placement of an Indian child, guardianships and consents for adoption. The court held that when a mother withdraws her consent to the action prior to termination of her parental rights, the trial court must dismiss the action and return the child to the Indian parent whenever the child is an enrolled member of a tribe regardless whether the placement is voluntary.