- When a case involves the foster care placement
or pre-adoptive placement of an Indian child, the Children’s Administration
(CA) social worker follows the requirements of this chapter. "Pre-adoptive" placement
means the temporary placement of an Indian child following termination of
parental rights, but prior to or in lieu of adoptive placement.
- The
CA social worker follows the requirements of chapter 8 in making an
adoptive placement (permanent placement for adoption) of an Indian child.
- In
addition to the requirements of this chapter, the social worker follows
the court-related requirements of Chapter 6 of this manual.
- Each CA local office must set up and the
assigned CA social worker must maintain a client case file for each child
and the child’s family in accordance with the CA Operations Manual,
chapter 13000, sections 13230 through 13412. The case file must include,
as Section V, Indian Child Welfare (ICW):
- Section V contains all ICW documentation
except legal documentation, which is filed in Section II. Documentation
includes, but is not limited to:
- A completed Ancestry Chart Family
Tree for the child;
- Correspondence with Tribes;
- Local Indian Child Welfare Advisory
Committee (LICWAC) staffing reports;
- Notification to families, Indian organizations,
and Tribes of potential Indian status;
- Relative search information for Indian
children;
- All ICW forms, including Postal
Service confirmation cards; and
- The child’s enrollment status
information.
- The information is this Section is
filed chronologically.
- When the ICW Checklist is utilized,
it is filed directly behind the section tab.
- The social worker must enter Service Episode
Record (SER) information on case activity, including relative search, in
accordance with the CA Operations Manual, chapter 13000, section
13100.
- Prior to placing an Indian child in the
home of a person other than the child's parent(s) or Indian custodian,
the CA social worker must make active efforts to prevent
or eliminate the need for removal of the child from the family home. When
making case planning or placement decisions for the child, the social worker
considers the child's parent(s)/Indian custodian as the primary resource
for the child (See Chapter 14). If out-of-home placement is necessary, the
social worker places the child in accordance with the order of preference
listed in section 07.05, below, unless the child's Tribe has established
a different order of preference.
- The requirements of the federal Adoption
and Safe Families Act (ASFA), [42 USC 629 – 629b and 42
USC 671a] do not apply to children meeting the definition of federally
recognized Indian child. However, the ASFA requirements apply to Recognized
Indian Children, including Canadian First Nations Indian children. See
the CA Practices and Procedures Guide, chapter 4000, section
42673, for requirements relating to these children.
07.015 Association of American Indian Reports – 1969 – 1986
A study conducted by the Association of American Indian Affairs in 1969,
and updated in 1974, classified the state of Indian child custody proceedings
and placements in state courts. This study found that between 25 and
35 percent of all Indian children had been separated from their families and
placed in foster homes, adoptive homes, or institutions. In some states
the problem was worse than in others. In Minnesota, one in every eight
Indian children under eighteen was living in an adoptive home; and, in 1971-72,
nearly one in every four Indian children under the age of one was adopted. During
the years included in the studies:
- Minnesota – Indian
children were placed in foster care or adoptive homes at a per-capita rate
five times greater than non-Indian children.
- Montana – The
ratio of Indian foster care placement was at least 13 times greater than
other groups.
- South Dakota – Indian
children comprised 40 percent of all adoptions made by the state since
1967-68, yet Indians made up only seven percent of the juvenile population.
The number of Indian children living in foster homes was, per capita, nearly
16 times greater than the non-Indian rate of placements.
- Washington – The
Indian adoption rate was 19 times greater and the foster care rate 10 times
greater than for non-Indian children.
Congress concluded that states removed Indian children from their families
for inappropriate reasons and that removals reflected a lack of understanding
on the part of state administrative and judicial bodies of essential tribal
relations, of Indian child rearing practices, and of the social and economic
conditions prevailing on Indian reservations. These problems existed
in both voluntary and involuntary proceedings (Dorsay, 1990).
In 1986, 9,005 Native American children resided in substitute care. Fifty-two
percent of these children were in public programs (state care), 34 percent
were in tribal care, 9 percent were in Bureau of Indian Affairs (BIA) care
and 5 percent were served by off reservation programs; i.e., urban Indian centers
and urban health care centers with Indian child welfare programs. During
the same period, more than 9,300 children entered care while only 6,258 left
care. Child welfare programs and the courts place Indian children in
substitute care at a rate 3.6 times greater than the rate for non-Indian children. Although
Indian children make up 0.9 percent of the total child population, they represent
3.1 percent of the total substitute care population (CSR-TFA, 1989).
The median length of time in substitute care for an Indian child is 12 to
23 months for state, tribal, and off reservation programs and 36 to 59 months
for BIA programs. The proportions of children in care for three years
or more are 24 percent for state programs, 18 percent for tribal programs,
57 percent for BIA programs, and 34 percent for off- reservation programs. Additionally,
children are more likely to be discharged to Indian families if they are in
off-reservation Indian center care or tribal care rather than in state or BIA
care (CSR-TFA, 1989).
Federally recognized Indian children are exempt from the requirements of
the Multi-Ethnic Placement Act (MEPA) and the Inter-Ethnic Adoption Provisions
(IEAP), 42 USC 671a. It is imperative that CA social workers exert active
and diligent efforts to immediately place recognized Indian children
within the following placement preferences, without discriminating against
any potential placement on the basis of race, color, or national origin. See
the CA Operations Manual, chapter 4000, section 4510 for MEPA/IEAP
requirements.
- In any foster care or pre-adoptive placement
of an Indian child, the social worker places the child in accordance with
the order of preference established by the child's Tribe. The social worker
contacts the social services program of the child's Tribe for information
about the Tribe's order of preference. See Chapter 11 for Canadian First
Nations Indian children and Recognized Indian Children.
- If the child's Tribe has not established
an order of preference, the social worker places the child in the following
order of preference:
- A
member of the child's extended family. See chapter 14 for definition
of "extended family".
- A
foster home licensed, approved, or specified by the child's Tribe.
- An
Indian foster home licensed or certified by DSHS or a private agency
licensed by DSHS to make such placements. For purposes of applying these
preferences, an "Indian foster home" means that at least one
of the foster parents is a member of a federally or non-federally recognized
Indian Tribe, including Eskimo, Aleut, other Alaska Native, or Canadian
First Nations. See Chapter 12 for a list of federally recognized Tribes
in the United States.
- An
institution for children approved by an Indian Tribe or operated by the
child’s
Indian Tribe or LICWAC, if the child’s Tribe is not available, or operated
by an Indian organization having a program suitable to meet the needs of the
Indian child. See Chapter 14 for definition of "Indian organization."
- In seeking to place an Indian child in accordance
with the requirements of paragraph (A) or (B) above, the social worker
informs all families eligible for foster care payments of such eligibility.
See the CA Practices and Procedural Guide, Chapter 5000, Section
5134, regarding initial foster home licenses.
- When applying the placement preferences
of Chapter 07.05, the social worker uses the social and cultural standards
prevailing in the child's tribal or Indian community.
- When applying the preferences and not placing
with the child’s parent(s), the social worker, when possible:
- Places
a child in the least restrictive setting which most approximates a
family and which will meet the child's special needs.
- Places
a child within reasonable proximity to the child's home, taking into
account any special needs of the child, except that the worker may
consider the parent(s)’ request
that the child be placed on the child’s reservation even if not in proximity
to the child’s home.
- When
placing more than one sibling, places siblings together or in close
proximity unless such placement would cause serious physical or emotional
harm to one or more of the children.
- Places
the child where the parent has the opportunity to have regular access
to the child without undue economic, physical, or cultural hardship.
- Enables
siblings to have regular contact with one another and allows other
family members regular access to the child, unless such contact would
cause serious physical or emotional harm to one or more of the children.
- Parental Placement Wishes
The CA social worker, absent good cause, follows the wishes of the birth
parent regarding the placement of the child.
- The social worker gives consideration
to preferences such as family constellation and religion consideration
when matching children to foster homes.
- Unless the social worker identifies
and documents a compelling reason, the worker must not place a child
in a home of an identified ethnicity except when ICWA guides placement
preferences.
- Parental authority is appropriate
in areas that are not connected with the abuse or neglect that resulted
in the dependency and should be integrated through the foster care team.
RCW 13.34.260; 42 USC 671a
- The social worker does not place the child
outside the preference categories except as provided in section 07.35.
- The social worker does not make a placement prior to review and, whenever possible, approval of the placement by the social services program of the child's Tribe(s). If the child is placed in emergency circumstances, the social worker contacts all identified Tribe(s) within one working day of placement.
- The social worker makes a diligent search
for a suitable placement within the order of preference before considering
a non-preferred placement.
- As
part of a diligent search for placement, the social worker provides
written notification to the child's extended family members, using Notice to Extended
Family Members, DSHS 09-772, as required in section 07.20.
- The
social worker documents telephone and/or written contacts in the ICW
Section of the child's case record.
- The social worker continues a diligent
search for a preferred placement following the Indian child’s
placement outside the preference categories.
- At a minimum, a diligent search involves contacting the following resources in this specified order:
- The social services program, Tribal ICW director, and Tribal enrollment officer of the child's Tribe and, if the child resides on the reservation of another Tribe, the social services program, Tribal ICW director, and Tribal enrollment officer of the Tribe where the child resides.
- For placement procedures regarding Canadian First Nation and Recognized Indian Children, see section 11.40 of the ICW manual.
- The Local Indian Child Welfare Advisory Committee (LICWAC). See chapter 10 regarding LICWAC procedures.
- Off-reservation Indian organizations. See chapter 14 for definition of "Indian organization." See chapter 12, section 12.40, for non-federally recognized Tribes.
- The Bureau of Indian Affairs (BIA). See chapter 12 for BIA contact information.
- Washington state and county listings of available Indian homes.
- Nationally known Indian placement programs.
- Other national placement programs.
- The social worker follows the procedures
in this section if an Indian child:
- Is
placed in non-relative foster care under a parental consent, dependency
disposition, or termination of parental rights; or
- Is
moved from a relative placement to a non-relative foster care placement.
- The social worker is not required to follow
the procedures in this section if the child is placed in the home of an extended
family member. See Chapter 14 for definition of “extended family
member.”
- The social worker notifies the Indian child's
extended family members of the out-of-home placement and the steps they
must take if they wish to be preferentially considered as a placement resource
for the child. The worker uses the Notice to Extended Family, DSHS
09-772.
- The social worker notifies those family
members whose names and addresses are known or can reasonably be found
with assistance from the family, the child’s Tribe, the BIA, or other
appropriate resources.
- The social worker sends the notice by registered
mail, return receipt requested, immediately following placement of the
child in foster care under a dependency disposition order, an order terminating
parental rights, or a court validated parental consent to foster care/relinquishment.
If the social worker learns the extended family member’s identity subsequent
to the foster care placement, the social worker sends notice at that time.
- See the CA Practices and Procedures
Guide, chapter 4000, section 45273, for expectations for initial
and continuing search for suitable relative placement.
- If a child's parent(s) or Indian custodian
objects to notification of an extended family member, the social worker
consults with the child's Tribe in deciding whether the social worker should
provide notice over the objection of the parent(s)/Indian custodian.
- If a child's parent(s)/Indian custodian
expresses concern that the child could be harmed by contact with an
extended family member, the social worker does not notify the family
member if, after consultation with the child's Tribe, the social worker
decides if the concerns of the parent(s)/Indian custodian are reasonable.
- If the parent(s)/Indian custodian
bases the objection on a desire for anonymity or other reasons, the
social worker decides, in consultation with the child's Tribe, whether
notice to such family member is in the child's best interests.
- If the social worker concludes that,
after consultation with the child’s Tribe, family notification
is in the child's best interests, the social worker notifies the child's
extended family as required in section 7.20.
- The social worker follows the child’s
Tribe’s recommendation regarding notification to an extended family member,
unless the worker has concluded that the child’s health and safety
would endangered by such notification. The social worker must document evidence
of the health and safety issues in the SER.
- The social worker does not make an out-of-home placement of an Indian child prior to review and, when possible, approval of the placement by the social services program of the child's Tribe(s). If the child is placed in emergency circumstances, the social worker contacts all identified Tribe(s) within one working day of placement.
- If the social worker does not follow the
placement recommendations of the child's Tribe due to health and safety
concerns, the worker must provide a written statement to the Tribe. The worker’s
statement must explain the efforts the worker made to reach an agreement
with the Tribe regarding the placement and describe the basis for the worker's
decision. The social worker must then:
- Provide the statement to the Tribe
within 10 days following the placement decision; and
- Place a copy of the statement in the
ICW Section of the child's service record.
- If the child’s Tribe does not approve
of the placement of the child or has concerns regarding the placement, the
social worker must notify the court of the child’s Tribe’s objection
or concerns and must document the situation in the child’s Individual
Service and Safety Plan (ISSP).
- If the child's Tribe is not available to
provide review and approval of the placement decision, the social worker
must staff the case with LICWAC, while continuing active efforts to
engage the child’s Tribe. See Chapter 10 for LICWAC procedures.
- The social worker may place a federally
recognized Indian child outside the preference categories specified in
this chapter only when one or a combination of the following circumstances
exists:
- The
child's Tribe or the LICWAC, if the Tribe is unavailable, concurs that
the best interests of the child require placement with a non-Indian family
or other placement not within the preference categories. See Chapter
10 for LICWAC procedures.
- The
child has extraordinary physical or emotional needs, diagnosed by a qualified
expert, that cannot be met by a placement within the preference categories.
See Chapter 14 for definition of "qualified expert." The social
worker must:
- Provide
the child's Tribe with a written statement explaining why the child's
needs cannot be met by a placement within the preference categories.
- Place
a copy of the statement in the ICW Section of the child's case record.
- The social worker has completed a
diligent search for a placement within the preference categories and
has determined that no suitable placement within the categories is available.
In determining the suitability of a family, the social worker:
- Evaluates the family in accordance
with the social, economic, and cultural standards prevailing in the
Indian community in which the child's parent(s) or extended family members
reside or with which the parent(s) or extended family members maintain
social or cultural ties.
- Does not base the determination of
non-availability on any difference between tribal and state standards
for licensing and approval of foster homes or institutions.
- The
social worker is unable to place the child in accordance with the placement
preferences due to emergency circumstances.
- When placing an Indian child in a placement outside
the preference categories due to circumstances set forth in paragraph (A)(3)
or (4), the social worker, in cooperation with the social services program
of the child's Tribe or the LICWAC, if the Tribe is unavailable, continues
to diligently seek a suitable placement within the preference categories.
The social worker:
- Places the child within the preference
categories at the earliest possible time.
- In determining whether a change in
placement would harm the child, seeks evaluation by a qualified expert.
See Chapter 14 for definition of "qualified expert."
- If appropriate under the circumstances of
the case and if the child is of sufficient age and maturity to be able
to express a knowledgeable and reasoned opinion about the child’s own
placement, the social worker takes the child's preference into consideration
in determining placement within the placement categories.
- The social worker considers the placement
preference of the child's parent(s) in making a placement within the preference
categories in accordance with section 07.10, above. The social worker
does not consider the placement preference of the parent or child, or give
weight to a parent's request for anonymity, if to do so would be contrary
to:
- The best interests of
the child;
- The child’s health
and safety;
- The child's tribal relationship;
- The child’s medical
history; or
- The requirements of this
manual.
- If the child's parent(s) has voluntarily
consented to foster care or pre-adoptive placement, the social worker,
in making a placement within the preferences categories, gives weight to
a parent's request that the parent's identity not be disclosed.
- For each foster care or pre-adoptive placement
determination, the social worker must document in the SER of the child's
case record:
- Efforts to provide the parent with
remedial services and rehabilitative programs designed to prevent the
breakup of the Indian family;
- The basis and other circumstances
for the placement determination;
- If
siblings are not placed together, the reasons justifying separation
of siblings and the steps taken to maintain the sibling relationship
following placement; and
- Efforts
made to comply with the placement preference requirements of this chapter.
- Homes
contacted in the course of compliance efforts, including the names and
addresses of extended family members and of tribally approved homes.
See Chapter 14 for definition of "extended family member."
- The social worker provides to the child's
Tribe:
- A
copy of the service record documentation for any pre-adoptive placement
at least seven business days prior to making the placement. See Chapter
04 regarding confidentiality.
- A
copy of the record documentation for any foster care placement prior
to making the placement, whenever possible, or within seven business
days following the placement. See Chapter 04 regarding confidentiality.
- The social worker must notify the child's
Tribe and, where rights have not been terminated, the parent(s) or Indian custodian
when the social worker or the court makes a decision to change an Indian child's
foster care placement, using Notice of Placement Change, DSHS 09-760.
- The social worker provides notification at least seven business days prior to the change in placement, unless exceptional circumstances necessitate a shorter notice period, using all available methods of communication.
- The
worker must provide written notification and must explain the available
procedures for participation in the decision-making process and for contesting
any decision of the department or the court not to return the child to
the custody of the parent(s) or Indian custodian.
- When the social worker changes the foster
care placement of an Indian child, the social worker:
- In
cooperation with the social services program of the child's Tribe,
assists the child to adjust emotionally and psychologically to the change
in foster care placement.
- In
assisting the child, uses the services of a qualified expert. See Chapter
14 for definitions of "qualified expert."
- If moving the child from a
relative placement to non-relative foster care, follows the requirements
of section 07.20 regarding notice to the child's extended family.
- On or before the 30th day following the
out-of-home placement of an Indian child, the social worker must staff the
case with a designee from the child's Tribe, if available, or LICWAC to develop
the Individual Service and Safety Plan (ISSP), DSHS 15-200. Thereafter,
the social worker must staff the case with the tribal designee or LICWAC,
if the Tribe is unavailable, when developing any ISSP updates. See Chapter
04 regarding confidentiality.
- If the social worker prepares an ISSP, social
study, or report to court for a dependency disposition hearing or a dependency
review hearing, the worker follows the requirements of Chapter 06, sections
06.53 and 06.54.
- The social worker provides the child's Tribe
with a copy of the ISSP and ISSP updates 10 days prior to regularly scheduled
court reviews.
A. CA conducts administrative reviews involving
Indian children as provided in the CA Practices and Procedures Guide,
chapter 4000, section 4650.
B. Whenever the department participates in
an administrative review of an Indian child's placement in out-of-home care,
the social worker:
1. Provides
notice of the administrative review to the child's parent(s)/Indian custodian,
unless the court has previously terminated the legal rights of the parent(s)/Indian
custodian;
2. Assists
the child's parent(s)/Indian custodian to participate in the review process;
and
3. Provides
notice of the administrative review to the child's Tribe.
C. The child's parent(s)/Indian custodian,
the child's Tribe, and the child (if age 12 or older) may participate in the
review if they choose to do so. If indigence of the parent(s) precludes
parental participation in the review, the social worker must arrange for agency
payment of reasonable expenses necessary to assure meaningful parental participation
in the review, subject to availability of agency funds designated by the agency
for such purpose.
D. On request, the social worker must allow
the child's parent(s)/Indian custodian and the child's Tribe access to all
files, documents, and records pertaining to the child's placement. See
Chapter 04 regarding confidentiality.
E. When possible, the social worker involves
participation of a qualified expert in the review.
F. When the social worker makes a foster
care/pre-adoptive placement in a non-Indian home, the worker, whenever possible,
must involve a qualified expert in the placement. See Chapter 14 for definition
of "qualified expert."
The social worker periodically or, on request, provides the child's Tribe
with reports and records that the worker prepares after a foster care or pre-adoptive
placement. These reports/records contain descriptions and evaluations
of:
- The child's adjustment to the placement;
- The relationship of the child with the child's
parents, siblings, extended family members, and Tribe following placement;
and
- Other matters which may be considered in
any administrative or judicial review of the placement. See Chapter 04
regarding confidentiality.
- Following the placement of an Indian child
in shelter care, the social worker, in cooperation with the social services
program of the child's Tribe, actively provides reasonably available remedial
and rehabilitative programs designed to return the child to the custody
of the child's parent(s)/Indian custodian.
- The social worker must focus remedial and
rehabilitative programs on eliminating risk to the child of sexual abuse
or imminent physical harm if returned to the custody of the parent(s)/Indian
custodian.
- When a CA social worker places an Indian
child in foster care and a court has not terminated parental rights, the worker,
in cooperation with the social services program of the child's Tribe, must actively provide
reasonably available remedial and rehabilitative programs designed to return
the child to the custody of the parent(s)/Indian custodian.
- The social worker must base the remedial
and rehabilitative services on a plan designed to address and eliminate
problems that are destructive to the family. The worker designs the plan
to take into account the prevailing social and cultural conditions in the
child's Indian community.
- At
a minimum, the plan includes services for the family ordered by the
juvenile court or by the tribal court (if such services would be provided
if ordered by a juvenile court) as well as any other appropriate services
the agency is able and willing to provide.
- The
social worker develops the plan with the direct collaboration of:
- The
parent(s)/Indian custodians;
- The
child (if of sufficient age);
- Grandparents and extended family members
(when appropriate); and
- The child's Tribe or the LICWAC, if
the child's Tribe is unavailable. See Chapter 10 regarding LICWAC.
- When
foster care placement is likely to exceed 30 days, the social worker
involves a qualified expert in the development and implementation of
the plan if possible. See Chapter 14 for definition of "qualified
expert."
- The
plan encourages maintenance of an ongoing family relationship and reasonable
visitation between the parent(s)/Indian custodian and the child, as
well as between the child, the child's siblings, and other members of
the child's extended family.
- Whenever possible, visitation will
take place in the home of the parent(s)/Indian custodian, the home
of other family members or some other non-institutional setting permitting
the child and the visitors to have a natural and unsupervised interaction.
- If parental indigence precludes frequent
visitation, the social worker arranges for financial or other assistance,
if available, to help the parent maintain planned visitation.
- The
plan stresses the use and involvement, where available, of community
services and resources specifically for Indian families. These include:
- Extended family members;
- Tribal social services and other programs;
- Tribal organization programs aimed
at preventing family breakup;
- Traditional Indian therapy administered
by traditional practitioners;
- Where available and appropriate, individual
Indian caregivers who have skills to help the family; and
- Resources of the BIA and Indian
Health Service.
- The social worker, in cooperation with the
social services program of the child's Tribe, assists the child in adjusting
emotionally and psychologically to the foster care placement. As may be
appropriate or necessary, this assistance will include involvement of a qualified
expert in the placement of Indian children in non-Indian homes to:
- Enable the child to deal with or overcome
adjustment problems unique to such placements.
- Instruct the care provider regarding
the special developmental and social problems common in such placements
and how best to handle such problems.
- The social worker, in cooperation with the
social services program of the child's Tribe, provides the child and/or
the foster care provider with help in resolving socio-psychological problems
related to placement, if requested by the child or the care provider or as
necessary. The social worker informs the foster care provider and the child,
if of sufficient age, of this service.
- The social worker, in cooperation with the
social services program of the child's Tribe, provides the foster care
home or facility with information on the background and special needs, if
any, of the child. When necessary, the social worker instructs or arranges
for instruction of the foster care home or facility in:
- Foster care parenting skills;
- How to best meet the child's special
needs; and/or
- How
to best assist the child's adjustment to foster care.
- The social worker, in cooperation
with social services of the child's Tribe, will regularly monitor the foster
care home or facility for overall suitability and to assure that:
- The child is not abused or neglected;
- The
child's special needs are addressed; and
- The
child's relationships with the child’s parent(s)/ Indian custodian,
siblings, extended family members, and Tribe are encouraged.
- When an Indian child eligible for membership
in an Indian Tribe is in foster care, the social worker seeks to secure
tribal membership for the child at the earliest possible time following placement.
- When the social worker determines a guardianship
is the most appropriate placement for an Indian child, and a juvenile court
or tribal court appoints a guardian for the child, the social worker, in
cooperation with the social services program of the child Tribe:
- Assists
the child and the guardian in adjusting emotionally and psychologically
to the guardianship placement.
- Offers
other foster care support and services as may be appropriate
and available.
- If a tribal court proceeding establishes
the guardianship, the social worker provides services as required
in chapter 06, section 06.16.
- If juvenile court establishes the guardianship
pursuant to a guardianship petition, the social worker provides post-placement
services as required in chapter 07, subsection 07.72, if a court has not
terminated parental rights, or subsection 07.74, if a court has terminated
parental rights.
- The social worker need not regularly monitor
the guardian's home, as required in sections 07.72 and 07.74, unless the
court, the Tribe, or the social worker, in consultation with the worker’s
supervisor, determines supervision to be necessary or appropriate under the
circumstances of a particular case.
- When an Indian child is in foster care or
pre-adoptive placement following a voluntary or involuntary termination
of parental rights, the social worker, in cooperation with the social services
program of the child's Tribe or LICWAC, if the child’s Tribe is unavailable,
develops a plan for the child's care, custody and control.
- The
plan must be consistent with:
- The
best interests of the child;
- The
child's special needs; and
- The culture and customs of the child's
Indian community.
- The
principal focus of the plan is to identify the most suitable permanent
living arrangement for the child. The social worker must invite the
tribal social worker, or LICWAC if the child’s Tribe is unavailable, to participate
in the permanency planning prognostic staffing. The social worker, in
collaboration with the social service program of the child’s Tribe,
determines whether long-term relative or foster care, guardianship, independent
living, or adoption is the most suitable plan for the child.
- The
social worker must develop the plan with direct collaboration of:
- The
child (if of sufficient age);
- Other members of the child's extended
family (whenever possible);
- A
qualified expert; and
- The child's Tribe or the LICWAC, if
the child's Tribe is unavailable. See Chapter 10 regarding LICWAC.
- The
plan encourages maintenance of an ongoing familial relationship between
the child, the child’s siblings, and other members of the child's
extended family.
- If
the court previously terminated parental rights due to a voluntary
relinquishment by the child's parent(s), the plan explores whether
(despite the termination) return of the child to the custody of the
parent(s) is a suitable living arrangement for the child.
- If return of the child to parental
custody is appropriate, the plan explores the feasibility of providing
the child's parent(s) with remedial and rehabilitative services designed
to return custody of the child to the parent(s);
- If provision of services is feasible,
the social worker, in cooperation with the social services program
of the child's Tribe, provides the services to the parents with
the goal of returning the child to parental custody.
- Whenever appropriate or necessary,
the social worker obtains a court order vacating the termination
of parental rights.
- When the plan for the child does not
include the possibility of return to parental custody, the social
worker provides services to the child and foster care or pre-adoptive
home as required in this section.
- The social worker, in cooperation with the
social services program of the child's Tribe, assists the child and the
natural parent in adjusting emotionally and psychologically to the termination
of parental rights and to the foster care or pre-adoptive placement of the
child. As may be appropriate or necessary, this assistance will include involvement
of a qualified expert, including when the placement is in a non-Indian home,
to help the child deal with or overcome adjustment problems unique to the
placement of Indian children in non-Indian homes
- The social worker, in cooperation with the
social services program of the child's Tribe, provides the child and foster
care provider or pre-adoptive home with help in resolving socio-psychological
problems related to placement, if so requested by the child, foster care
provider or pre-adoptive parent or as necessary. The social worker informs
the foster care provider or pre-adoptive parent and the child, if of sufficient
age, of this service.
- The social worker, in cooperation with the
social services program of the child's Tribe, also provides the foster
care provider or pre-adoptive parent with information on the background and
special needs, if any, of the child. When necessary, the social worker instructs
the foster care provider or pre-adoptive home in:
- Foster
care parenting skills;
- How to best meet the child's special
needs; and
- How
to best assist the child's adjustment to foster care or pre-adoptive
placement.
- When the social worker places the child in non-Indian
foster care or pre-adoptive placement, the worker arranges for a qualified
expert in the placement of Indian children in non-Indian foster care or
pre-adoptive placements to instruct the care provider or pre-adoptive parent
on the special developmental and social problems common in such placements
and how best to handle such problems.
- The social worker, in cooperation
with the social services program of the child's Tribe, regularly monitors
the foster care or pre-adoptive placement for overall suitability and to
assure that:
- The
child is not being abused or neglected;
- The child's special needs are addressed;
and
- The
child's relationships with the child’s siblings, biological family,
and Tribe are encouraged.
- When an Indian child eligible for membership
in an Indian Tribe is in foster care or pre-adoptive placement following
termination of parental rights, the social worker must seek to secure tribal
membership for the child at the earliest possible time after the termination.
- When an Indian child is entitled to receive
income from Indian trusts or other sources and the child is placed outside
of the parental home, the social worker notifies the child's Tribe.
- The
notice must contain a request to withhold a child's Indian trust funds
and place the funds in a trust account until the child returns home or
is adopted.
- The social worker files a copy of
this notice in the ICW section of the child's case record.
- When the child returns from out-of-home
placement to the custody of the parent(s)/Indian custodian, the social
worker notifies the child's Tribe.
- Federal boarding schools operated by the
BIA are available for the education of Indian children when other resources
are not available or do not meet the needs of the particular child involved.
The social worker does not place an Indian child in a boarding school except
in accordance with the procedures in chapter 06 and chapter 07 of this manual.
- CA may provide personal incidentals and
the monthly replacement clothing allowance (SSPS Service Code 3223 FC CPI)
while the child is in school if the following criteria are met:
- Planning
for placement of the child in an out-of-state federal boarding school
involved the child, the child's parent(s) or legal guardian(s), a representative
of the BIA, and the social worker.
- The
child was either in foster care or was a member of a family receiving
Temporary Assistance to Needy Families (TANF).
- All
financial resources available to the child, such as OASDI or Indian
benefits, were taken into consideration.
- An
Indian federal boarding school was considered a better educational
resource for the child than any available in the child's home community.
- The social worker develops an ISSP for a
dependent child placed into a boarding school.
|
Back to Manuals page