Can a parent or Indian custodian withdraw consent?
Yes. Section 1913(b) provides that: [a]ny parent or Indian custodian may withdraw consent to a foster care placement under State law at any time . . . . The apparent contradiction between the definitional section of 1903(1)(i) which defines a foster care placement as one in which the child cannot be returned on demand and 1913(b) which allows for withdrawal of consent of a foster care placement at any time is resolved in favor of 1913(b). In re K.L.R.F., 515 A.2d 33, 37 (Pa. Super. Ct. 1986). See also FAQ 17.6, Voluntary Proceedings.
