Skip to content
LitigationForms
ICWA-101Mandatory

Agreement of Parent or Indian Custodian to Temporary Custody of Indian Child

California · Judicial Council of California · Effective January 1, 2021

This form is used by a parent or Indian custodian to show that they agree to an Indian child being temporarily placed with someone else. It requires signatures and a judge's certification that the parent or custodian understood the terms.

The court describes it as: The parent or Indian custodian of an Indian child uses this form to show that they agree to the child being temporarily placed in the custody of someone else.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Motions

Stage: Motions

This form is used when a parent or Indian custodian needs to agree to a temporary custody placement for an Indian child. The judge must explain the terms before the form can be signed.

Either party may file.

Common questions

Who fills out this form?
The parent or Indian custodian fills out this form. The judge also signs it to certify that the terms were explained.
Does this form require a fee?
The text does not mention any filing fees for this form.
What must happen before signing?
The form must be signed after a judge explains the terms and conditions of the consent. The judge must also certify the agreement.<0xC2><0xA0>

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2021.

Related forms

  • ICWA-010(A)

    Indian Child Inquiry Attachment

    This form is used to tell the court what steps were taken to find out if a child involved in a case might have Indian ancestry. It asks the person filling it out to report on the information gathered from the child, parents, and tribal contacts.

    MandatoryFillable PDF1 translation
  • ICWA-040

    Notice of Designation of Tribal Representative in a Court Proceeding Involving an Indian Child

    This form is used by an Indian tribe to officially tell the court which person is authorized to represent the tribe in a case involving an Indian child. It allows the designated person to attend hearings, speak to the court, and review case documents.

    OptionalFillable PDF
  • ICWA-042

    Request for Tribal Participation

    This form is a request asking the court for a tribe to be allowed to participate in a case. It asks for details about the child, the tribe, and why the tribe wants to be involved in the court proceedings.

    OptionalFillable PDF
  • ICWA-070

    Request for Ex Parte Hearing to Return Physical Custody of an Indian Child

    This form asks the court for a hearing without a full trial (ex parte) to get the physical custody of an Indian child back. It is used when the child was taken out of the person's care because of immediate danger, but new information shows the child is no longer in danger.

    MandatoryFillable PDF
  • ICWA-080

    Order on Request for Ex Parte Hearing to Return Physical Custody of an Indian Child

    This form is used by the court to make a decision about a request for a hearing outside of normal court time to return the physical custody of an Indian child. The court uses it to decide if the evidence provided is enough to hold that hearing.

    MandatoryFillable PDF
  • ICWA-090

    Order After Hearing on Ex Parte Request to Return Physical Custody of an Indian Child

    This form is used by the court to make a decision after a hearing about asking to return an Indian child to the physical care of a parent or an Indian custodian. It records the court's findings and orders regarding the child's physical custody.

    MandatoryFillable PDF
  • ICWA-100

    Tribal Information Form

    This form is used by a child's tribe to give written information to the court about the tribe's view on issues in a case involving the custody of an Indian child. It asks for details about the child, the tribe's contact information, and input on case planning and services.

    OptionalFillable PDF
  • ICWA-100-INFO

    Instructions Sheet for Tribal Information Form

    This document is an instruction sheet that explains how a tribe's authorized representative should fill out and file the Tribal Information Form (form ICWA-100) with the court. It provides details on what information to include about the child, the tribe, and the case.

    OptionalFillable PDF