08.01 INTRODUCTION
- Adoption is not an acceptable case plan
unless the child’s Tribe concurs with termination of parental rights
and adoption.
- This chapter applies to children defined
as “Indian Child” under the federal Indian Child Welfare Act
(ICWA), 25 USC 1901, et. seq. If the child does not fall within this definition,
see Chapter 11. 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.
- Adoption is a permanent plan for a child
who is unable to live with the child’s birth parents. Legally,
other parents are substituted for the birth parents and given the full
legal rights of birth parents.
- For Indian children, when adoption is the
permanent plan, Children’s Administration (CA) staff will make every
effort to continue the child’s ties to the child’s Tribe.
- Adoption is possible once parental rights
of both parents have been voluntarily or involuntarily terminated under
the laws of the state of Washington and ICWA or any other competent jurisdiction,
such as another country, state, or a federally recognized Indian Tribe.
- In addition to the requirements of
this manual, the service worker also follows the requirements of the CA Case
Services Policy Manual and the CA Practices and Procedures Guide.
If there is a conflict between chapter provisions, the social worker follows
the provisions in the Indian Child Welfare Manual. For all children
for whom adoption is being considered, the social worker must complete
a Declaration
of Adoption Facilitator, DSHS 09-765.
- The social worker follows the requirements
of Chapter 3 of this manual regarding identification of a child’s
Indian status.
- The social worker documents a child’s
Indian status in the service record on a Family Ancestry Chart,
DSHS 04-220(x), and the Indian Identity Request Form, DSHS 09-761.
- Before beginning an adoption process, the
social worker must make all reasonable efforts to have the Indian child
enrolled in the child’s Tribe. If the child is not enrollable, the
social worker must obtain confirmation of that status from the Tribe.
- The social worker does not accept a voluntary
consent to relinquishment/termination or adoption of an Indian child until
the service worker has followed the procedures in Chapter 6 of this manual.
- Voluntary consents to relinquishment/termination
or adoption are not valid unless signed by the parent before a tribal or
juvenile court/superior court judge more than 10 days after a child’s
birth and unless approved by the judge.
- For all children in the custody of the department
prior to the termination of parental rights, the CA social worker must have
previously actively solicited the child’s Tribe’s involvement in
determining the placement for the child. In most instances, the child’s
placement prior to the termination of parental rights will be the child’s
adoptive placement. The social worker must notify the child’s Tribe
in writing of the change in status of the child and must ask the Tribe to
verify approval of the placement plan.
- The social worker contacts the Tribe to
request identification of an appropriate placement resource when the social
worker has established a plan to place the child in a different home after
termination and when the worker was unable to do adoptive placement planning
prior to termination of parental rights.
- The social worker makes a written
adoption placement referral to the social services program of a child’s
Tribe in conformity with confidentiality requirements of chapter 04.
The referral includes the following information:
- Comprehensive background information
on the child’s social and psychological development, using,
at minimum, the current Individual Service and Safety Plan (ISSP)
and the Child’s
Medical and Family Background Report, DSHS form 13-041;
- Information on all prior placements;
- Information about the extent of the
child’s relationship with parents, siblings, extended family members,
and other significant person’s in the child’s life;
- Information concerning the interest,
if any, of the child’s foster parents and relatives in adopting
the child;
- Information on the current or planned
custody and placement of siblings;
- Information about any other
ethnic heritage of the child in addition to the child’s Indian
heritage; and
- Other factors that might affect the
placement decision.
- If the child’s Tribe undertakes
the task of identifying a placement and does not find a suitable placement
for a child within 60 days, the social worker, in consultation with
the Tribe, finds a suitable placement.
- The social worker documents the placement
referral and tribal response in the service record and proceeds with
the adoptive placement in accordance with this chapter ifthe
social services program of the child’s Tribe does not:
- Want to be involved in the adoption
placement planning process; or
- Respond within 30 days following receipt
of an adoption placement referral.
- The social worker consults with LICWAC
if the Tribe’s social services program does not become involved in adoptive
placement planning while continuing efforts to engage the child’s
Tribe. See Chapter 10.
- In all cases, upon request, the social worker
assists a child’s Tribe to identify a suitable adoptive placement
for the child.
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 adoptive placement (i. e., permanent
placement for adoption) 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.
- 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 the definition of “extended family.”
- Other members of the child’s
Tribe.
- Other Indian families of similar Indian
heritage.
- Other Indian families. See section
08.15, above, regarding Indian status of adoptive families.
- When exploring the suitability of families
within the preference categories, the social worker informs families about
the adoption assistance program and eligibility requirements for the program.
The social worker assists families who may be eligible for the program to
apply for adoption support.
- When applying the placement preferences
in paragraph B, the social worker:
- Uses the social and cultural standards
prevailing in a child’s tribal or Indian community; and
- Gives priority to suitable adoptive
families within a tribal or Indian community, with families within
a child’s
tribal or Indian community having the first preference.
- The social worker, while applying the placement
preferences listed above, and in collaboration with the child’s Tribe,
must give consideration to:
- Placement with a suitable adoptive
family living in the child’s tribal or Indian community;
- Placement in a manner assuring the
maximum opportunity for the child to maintain and nourish a relationship
with the child’s Tribe;
- Whenever more than one sibling is
to be placed, placement of siblings together or in close proximity,
unless the placement would cause serious physical or emotional harm
to one or more of the children; and
- Placement in a manner assuring maximum
opportunity for maintenance of a sibling relationship, and/or
- Placement with an adoptive family
that previously adopted one or more of the child’s siblings.
- The social worker diligently searches for
a suitable placement within the order of preference before considering
a non-preferred placement when a child’s Tribe:
- Notifies the service worker that the
Tribe will not undertake identification of an adoptive placement; or
- Has been unable to identify a suitable
placement for the child or
- Has not responded within 30 days following
receipt of an adoptive placement referral. See section 08.15.
- The social worker documents telephone and/or
written contacts with the child’s Tribe in the child’s service
record and CAMIS.
- At minimum, a diligent search involves contacting
the following resources in the order listed:
- The child’s Tribe;
- Relatives of the child or of the child’s
family;
- The Local Indian Child Welfare Advisory
Committee (LICWAC);
- Off-reservation Indian organizations;
- The Bureau of Indian Affairs (BIA);
- DSHS, licensed private child placing,
and tribal adoptive family registers;
- Nationally known Indian placement
programs, such as Three Feathers, Ina Maka, and Rainbow agencies; and
- Other national placement programs/exchanges.
- As part of a diligent search for placement,
the social worker also provides written notification to the child’s
extended family members as required in Chapter 07, using Notice to Extended Family
Members, DSHS 09-772.
- The social worker keeps the child’s
Tribe informed of progress in seeking adoption placement for the child
and pursues any placement recommendations offered by the Tribe.
The social worker may place a federally recognizedIndian
child outside of the preference categories specified in this chapter
only when at least one of the following circumstances exists:
- The child’s Tribe concurs that the
best interests of the child require placement with a non-Indian family or in
another setting not within the preference categories. See Chapter 10
for LICWAC procedures when the child’s Tribe is not the primary resource
for consultation and case plan development.
- The child has extraordinary physical or
emotional needs, diagnosed by a qualified expert, that possible placements
identified within the preference categories cannot meet. The social worker
can implement the plan only with the documented expressed concurrence and
recommendation of the child’s Tribe. See chapter 14 for the definition of “qualified
expert.”
- The social worker provides the Tribe
with a written statement that explains why the possible placements
identified within the preference categories cannot meet the child’s
needs.
- The social worker places a copy of
the written statement in the ICW section of the child’s service
record.
- The social worker either receives
consent from the Tribe or, if the Tribe is not the primary resource
for consultation and case plan development, the LICWAC, to place outside
of the placement preference categories.
- The social worker has undertaken a diligent
search for placement within the preference categories for a
period of 180 days after the date that the child became available for
adoptive placement and found no suitable placement within the preference
categories.
- 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) extended family members reside;
or
- With which the parent(s) or extended
family members maintain social or cultural ties.
- The social worker bases a determination
that suitable families within the preference categories do or do not
exist on tribal community standards, which are not necessarily state
standards.
- The social worker either receives
consent from the Tribe or, if the Tribe is not the primary resource
for consultation and case plan development, the LICWAC to place outside
of the placement preference categories.
- If appropriate under the circumstances of
the case, the social worker takes a child’s preference into consideration
in determining placement within the placement categories when the child is
of sufficient age and maturity and able to express a knowledgeable and reasoned
opinion about the child’s adoptive placement.
- The social worker considers the placement
preference of the child’s parent(s) in making a placement within
the preference categories.
- The social worker considers the placement
preference of the parent or child or gives weight to a parent’s request
for anonymity only if not contrary to the best interests of the child, the
child’s tribal relationship, medical history, or contrary to the policies
and procedures of this manual.
- The social worker requests that all adoptive
applicants complete a copy of the Verification of Indian Status,
DSHS 15-128. If an applicant claims status as an Indian, the social worker
requests that the applicant provide documentation.
- The social worker considers an applicant
Indian if the applicant provides evidence, for at least one of the prospective
adoptive parents, of membership or eligibility for membership in 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 Indian Tribes. See Chapter 11 for procedures regarding Canadian
First Nations and Recognized Indian Children.
- The child’s social worker ensures
the procedures in Chapter 07 have been followed in the selection of a foster
care placement for a child.
- As part of the process to approve the foster
parent adoption of an Indian child, the social worker documents in the
case file and for the child’s Tribe:
- Whether the department has followed
the procedures regarding tribal review and approval of placement, as
set forth in Chapter 07;
- Whether the foster family is within
the placement preferences in section 8.20;
- The tribal affiliation, if any, of
the foster parents and the extent to which the foster parents are active
in tribal and Indian cultural activities;
- The foster family’s past performance
and future commitment in exposing the child to the child’s Indian
tribal and cultural heritage;
- The foster parent’s care of
the child to date, the foster parent’s commitment to incorporating the
child into the family permanently, and the child’s attachment to
the foster family.
- The social worker does not make an adoptive
placement of an Indian child prior to review and approval of the placement
by the child’s tribal social services program or the LICWAC, if the
Tribe is unavailable.
- The social worker provides the child’s
Tribe, or LICWAC if the Tribe is unavailable, on a confidential basis, all
adoptive home studies of homes under consideration for placement of the child. Home
studies will identify whether the adoptive home applicant is affiliated with
a Tribe and, if so, which Tribe. The social worker needs to obtain a
release of information from the prospective adoptive parents to allow full
disclosure of the adoptive home study to the Tribe if the child’s Tribe
has not intervened as a party to the case; and
- Prior to placing an Indian child in an adoptive
home, the social worker informs the prospective adoptive parents, using Information
to Prospective Adoptive Parent of an Indian Child DSHS 09-778, of:
- The special legal requirements applicable
to adoption of an Indian child;
- The possibility of pursuing the adoption
through a tribal court proceeding; and
- The possibility of receiving assistance
through the Adoption Support Program.
- The social worker gives the original Information
to Prospective Adoptive Parent of an Indian Child, DSHS 09-778,
to the adoptive parents and places a copy in the ICW section of the service
file.
- The social worker completes the Child’s
Medical and Family Background Report, DSHS 13-041, and provides
the original to the prospective adoptive parents for signature. See the
CA Practices and Procedures Guide, chapter 4000, section 4540,
for requirements. The worker must complete this form in accordance with
the state disclosure laws that are explained on the form. The worker
retains a copy of the signed form in the ICW section of the child’s
service file.
- The department does not consider a placement an adoptive
placement until the adoptive parents sign both the DSHS 09-778 and the
DSHS 13-041.
- For each adoptive placement determination,
the social worker documents in the child’s Service Episode Record
(SER):
- The basis for each adoptive placement
decision.
- If siblings are not placed together,
the reasons justifying sibling separation and the steps taken to maintain
the sibling relationship following placement.
- Efforts made to comply with the placement
preference requirements.
- The 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 the
definition of “extended family member.”
- The social worker provides the child’s
Tribe with a copy of the service record documentation for any adoptive
placement prior to making the placement.
- The social worker conducts an assessment
of the placement within 30 days after placing an Indian child in the home of
prospective adoptive parents. After the initial assessment, the social
worker conducts an assessment at least every 90 days until termination of the
placement or entry of the final decree of adoption.
- The social worker notifies the child’s
Tribe of the assessment. If the child’s Tribe has declared itself
to be unavailable or has not responded to verbal and written notices, the social
worker notifies the LICWAC, while continuing efforts to engage the child’s
Tribe. See Chapter 10 for LICWAC procedures.
- The social worker must offer the Indian
child over the age of 12 and the child’s Tribe the opportunity to participate
in the assessment. The social worker must allow, upon request, the Tribe
or LICWAC, if conditions in paragraph B apply, access to all files and documents
pertaining to the child’s placement.
- At minimum, the assessment includes:
- Evaluation of the suitability of the
adoptive home placement;
- The child’s adjustment to the
adoptive home;
- The adoptive family’s adjustment
to the child; and
- The extent to which the adoptive family
has carried out the conditions, if any, of the placement; e.g., assisting
the child to maintain relationships with siblings, extended family members,
and the child’s Tribe.
- The social worker involves a qualified expert
in the review. See Chapter 14 for the definition of “qualified expert.”
The social worker quarterly provides the child’s Tribe with reports
and records prepared after an adoptive placement and before a final decree
of adoption. See Chapter 04 regarding confidentiality. These reports/records
contain descriptions and evaluations of:
- The child’s adjustment to the adoptive
home;
- The adoptive family’s adjustment to
the child;
- The suitability of the placement; and
- The extent to which the adoptive family
has carried out the conditions, if any, of the placement; e.g., assisting
the child to maintain relationships with siblings, the natural family, and
the child’s Tribe.
When placing an Indian child for adoption, the social worker complies with
the following requirements in cooperation with the social services program
of the child’s Tribe:
- When the department places an Indian child
eligible for membership in an Indian Tribe for adoption, the social worker
seeks to secure tribal membership for the child prior to the entry of a final
decree of adoption.
- When the department places an Indian child
for adoption, until entry of a final decree of adoption, the social worker,
in cooperation with the child’s Tribe, evaluates the overall suitability
of the placement and monitors the placement to assure:
- The child is not abused or neglected;
- The child’s special needs are
addressed;
- The child’s relationship with
the child’s siblings and, if appropriate, other members of the child’s
birth extended family, is encouraged;
- The child’s relationship with
the child’s Tribe is promoted; and
- All other conditions and commitments
of the placement are met.
- The social worker, in cooperation with the
social services program of the child’s Tribe, assists the child, the
prospective adoptive parents and the child’s natural parents to adjust
emotionally and psychologically to the adoptive placement. As may be
appropriate or necessary, this assistance includes:
- Involving a qualified expert and other
expertise as may be appropriate; and
- When the adoptive placement is non-Indian,
involving a qualified expert in the placement of the Indian children
to assist the child to deal with or overcome adjustment problems unique
to non-Indian placements. See Chapter 14 for the definition of a “qualified
expert.”
- The social worker, in cooperation with the
social services program of the child’s Tribe, provides the prospective
adoptive parents with information on the background and special needs,
if any, of the child. Where necessary, the social worker instructs or arranges
for instruction of the prospective adoptive parents in:
- How best to meet the child’s
needs; and
- How best to assist the child’s
adjustment to the adoptive placement.
- When the adoptive placement is non-Indian,
the social worker arranges for a qualified expert to instruct the prospective
adoptive parents regarding the special developmental and social problems
common in such placements and how best to handle those problems.
- The social worker, in cooperation
with the social services program of the child’s Tribe, provides training
to the prospective adoptive parents in the required skills when:
- An Indian child is the first child
of the prospective adoptive parents; or
- The prospective adoptive parents need
assistance in promoting the child’s affiliation with the child’s
cultural heritage or meeting the child’s special needs.
- CA provides adoption assistance to children
adopted from foster care or relative placements if the children otherwise
meet qualifications outlined in 42 U.S.C. 673, RCW 74.13.100 through RCW
74.13.150, chapter 26.33 RCW, and applicable federal and state regulations.
Adoption assistance may, depending on the needs of the child, reimburse the
family expenses incurred for adoption finalization and provide ongoing financial
maintenance, medical assistance through Medicaid, and counseling costs.
- The CA Case Services Policy Manual,
chapter 9000, outlines state policy for the Adoption Support Program.
- The CA Practices and Procedures Guide,
chapter 5000, section 5700, describes procedures for accessing the Adoption
Support Program and its services.
- When a social worker prepares a pre-placement
or post-placement report regarding the adoptive placement of an Indian child,
the social worker invites the designee of the child’s Tribe and, when
possible, a qualified expert to participate in the preparation of the report. See
chapter 14 for the definition of “qualified expert”. If the
worker prepared the report before learning the identity of the Tribe, the
social worker, upon identifying the Tribe, will involve the Tribe in any
reviews of the report and preparation of subsequent reports and decision-making.
- The social worker prepares the pre-placement
report in accordance with the CA Practices and Procedures Guide,
chapter 5000, section 5330, and the post-placement report in accordance
with the Practices
and Procedures Guide, chapter 5000, section 5380. The reports must
also:
- Describe the role of the child’s
Tribe in preparing the report;
- State the Tribe’s recommendations
or conclusions and the basis for the recommendations and conclusions;
- Include an evaluation of the suitability
of the adoptive placement; and
- Inform the court if there is reason
to believe the adoptive petitioners have improperly removed custody
of the child from the child’s parents or have improperly retained
custody of the child following a visit or other temporary relinquishment
of parental custody.
- The social worker provides a copy of the
report to the child’s Tribe. If the child’s Tribe has not
intervened as a party in the adoption proceeding, the social worker obtains
a release of information from the adoptive parents or a court order authorizing
the release of information prior to providing the report to the child’s
Tribe.
The parent(s) of an Indian child may withdraw consent to relinquishment/termination
or adoption at any time before entry of the adoption decree. If a parent
of an Indian child withdraws a voluntary consent prior to entry of the adoption
decree, the service worker follows the requirements of Chapter 06, section
06.858.
- When CA or a licensed or certified child
placing agency has permanent custody of an Indian child following termination
of parental rights, the social worker actively involves the child’s Tribe
in any deliberations and decisions about whether the agency should consent
to the child’s adoption.
- If the Tribe consents to the adoption, the
social worker includes in the file the Tribe’s written consent to
the adoption.
- If the Tribe objects to the case plan, the
social worker, with the involvement of the social services program of the
child’s
Tribe, conducts a detailed review of the case plan.
- Following the case plan review, if
the social worker and the worker’s supervisor determine that the agency
should consent to the adoption despite the Tribe’s objection, the
social worker documents in the service record the basis for such determination.
- The social worker includes in the
file the Tribe’s written notice of objection to the adoption and recommendation
for case planning and placement. If the Tribe has objected verbally,
the social worker must request a written notification from the Tribe. The
social worker and the worker’s supervisor then refer the case for
consideration to the Regional Administrator.
- The department may not consent to
adoption of the child over the objection of the child’s Tribe
unless the case has been reviewed through the impasse procedures described
in Chapter 01, section 1.50.
- In a Superior Court proceeding involving
the adoption of an Indian child who is in the permanent custody of CA or a
child placing agency, the social worker completes Superior Court Adoption
Information For Indian Child, DSHS 09-768.
- The social worker files the completed information
form with the court and requests that the court include information from
the form in the adoption decree wherever possible. The social worker puts
a copy of the completed information form in the service file.
- The social worker requests the court to
send a copy of the final adoption decree and a copy of the information
form to the Secretary of the Interior at the following address:
Office of Tribal Services
Division of Social Services
Bureau of Indian Affairs
1849 C Street N.W. MS-4660-MIV
Washington, D.C. 20240
The social worker contacts the Adoption Program Manager for information about
CA payment of expenses related to tribal court adoption proceedings.
- Prior to the entry of a final decree of
adoption, the social worker provides the child’s Tribe with a copy of
the Indian child’s original birth certificate.
- B. If the child’s Tribe
has intervened as a party in the adoption proceeding, the social worker provides
the Tribe a copy of the final decree of adoption, a copy of the child’s
amended birth certificate, and other records of the proceeding as the Tribe
may request.
- If the child’s Tribe has not intervened
as a party in the adoption proceeding, the social worker obtains a court order
authorizing the release of copies of such documents and records prior to providing
the copies to the child’s Tribe.
- An adopted Indian person 18 years of age
or older may petition the court that entered the final decree of adoption
for information regarding the adoptee’s Tribal affiliation. The adoptee
may also obtain other information, such as the names and addresses of the adoptee’s
birth parents, as may be necessary to protect rights resulting from the child’s
tribal relationship. The court may order DSHS and child placing agencies
to release to the adoptee information contained in the adoption records maintained
by DSHS and child placing agencies.
- On written request to the CA Adoption Program
Manager or a child placing agency by an adopted person age 18 or older
having reason to believe that the adoptee is Indian, an agency representative
conducts a search of the agency adoption records. If the records verify the
person is adopted, the agency representative:
- Tells the person which court entered
the final decree of adoption;
- Advises the person of the potential
right to obtain adoption record information; and
- Provides copies of information contained
in the archived record that indicate the child’s Indian status
and tribal affiliation. Without a court order, however, the agency
may not provide the names or other identifying information about the
birth parents.
- The CA Adoption Program Manager responds
to all requests to CA for archived adoption file information.
- The Adoption Program Manager refers the
person to the Bureau of Indian Affairs in Washington, D. C.
Upon the entry of a final decree of adoption, the social worker records the
finalization of the adoption in CAMIS, ends the placement episode, and prepares
the child’s files for archiving. The CA Operations Manual,
chapter 13000, section 13930 contains instructions for the archiving of adoption
records
- If a parent, within one year, petitions
the court under ICWA to vacate an adoption decree due to alleged fraud or duress
in obtaining the consent to relinquishment/termination or adoption, the social
worker:
- In cooperation with the social services
program of the child’s Tribe, examines the circumstances
surrounding the consent;
- Where the child’s Tribe was
involved in obtaining the consent, consults with the Tribe and seeks to obtain
the Tribe’s concurrence in any information or testimony the social
worker intends to give to the court;
- When the Tribe provides the social
worker with a written statement regarding the consent to adoption,
submits the Tribe’s statement to the court;
- Notifies the child’s Tribe of
all scheduled hearings on the petition and sends a copy of the
petition to the Tribe; and
- Notifies the child’s Tribe and
the non-petitioning parent of the child, or the child’s prior Indian
custodian, if the court grants the petition.
- If the court orders the child’s return
to the custody of the birth parent(s), the social worker, in cooperation with
the social services program of the child’s Tribe, assists the child
to make as successful a transition as possible to the parent(s). Assistance
includes:
- Helping the child adjust emotionally
and psychologically to the change in placement;
- Helping the parent(s) to understand
and effectively meet the child’s needs;
- Helping the adoptive family adjust
to the loss of the child and in assisting the child to make a successful
transition to the birth parent(s); and
- Using a qualified expert to help the
parent(s), child, and adoptive family, if necessary. See Chapter 14 for
the definition of “qualified expert.”
When CA or a child placing agency is involved in a failed adoption, the assigned
social worker for the department or child placing agency, as applicable, completes
the following requirements.
- The social worker notifies the child’s
Tribe and the child’s birth parents or prior Indian custodian of
what has occurred, using Notice of Termination or Vacating Adoption Decree,
DSHS 09-773.
- The social worker sends the notice
within five working days from the date of entry of any court order
terminating parental rights of the adoptive parents or vacating or setting
aside an adoption.
- The notice contains information about
the right of the child’s parent/Indian custodian to petition
the court for return of custody of the child.
- The social worker does not oppose the return
of the child to the custody of the birth parent(s) or prior Indian
custodian in the absence of a thorough investigation into and evaluation
of the suitability of the parent(s) or Indian custodian to reassume custody.
The social worker:
- Completes the investigation within
90 days after the termination of the adoptive parents’ parental
rights or the set aside of the final decree of adoption; and
- Invites the child’s Tribe and
a qualified expert to participate in the investigation. See Chapter 14
for the definition of “qualified expert.”
- The social worker develops an appropriate
service plan in cooperation with the social services program of the child’s
Tribe if the social worker and the Tribe determine that remedial and rehabilitative
programs designed to return custody of the child to the parent(s) or Indian
custodian are in the child’s best interests and are likely to result
in successful reunification. The social worker develops the service plan
with direct collaboration from the parent(s), the child if of sufficient
age, and, when possible, a qualified expert.
- The social worker does not oppose the return
of the child to the parent(s) or prior Indian custodian unless the
plan proves unsuccessful or unless the return is likely to cause emotional
or physical harm to the child.
- In cooperation with the social services
program of the child’s Tribe, the social worker assists the
child to adjust emotionally and psychologically to the termination
of the adoption and to any new placement. The social worker uses
the services of a qualified expert to provide such assistance.
- If the social worker’s supervisor
determines it is not appropriate to follow the recommendations of the child’s
Tribe or the qualified expert to develop a plan to return the child to
the parent(s)/Indian custodian, the social worker:
- Documents in the service record and
in a written report the reasons for the recommendations and the
reasons for the determination that it is not appropriate to follow
the recommendations of the Tribe;
- Requests a written report and recommendations
from the Tribe; and
- Forwards the reports to the Area Manager
and Regional Administrator for review and to comply with impasse
procedures. The social worker must not present a recommendation to
the court contrary to that of the Tribe or its designee until the
department completes impasse procedures. See chapter 01, section
01.50, for impasse procedures.
- When an adoptive placement ends, until such
time, if any, as the child is returned to the custody of the birth
parent(s) or Indian custodian, the social worker follows the requirements
contained in chapters 6, 7 and 8 in making a foster care or adoptive placement
for the child.
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