- Whenever a Children’s Administration
(CA) social worker considers placement of an Indian child in another state,
the social worker must follow the provisions contained in chapters 04 and
07 and the federal Indian Child Welfare Act (ICWA) regarding placement of
Indian children. The social worker must provide such consideration for all
Indian children, including Canadian First Nations and Recognized Indian Children,
whether under Tribal or state jurisdiction.
- When supervising a placement from another
state of an Indian child, the CA social worker must:
- 1. Follow the provisions
contained in chapter 07 of this manual regarding placement of Indian
- Maintain contact with the supervising
agency and/or Tribe from the sending state as well as the administrator
for the Interstate Compact on the Placement of Children (ICPC).
- Tribes have the option, at their discretion,
of becoming members of the ICPC.
- The CA social worker must follow the provisions
of ICPC in the following situations:
- A dependent Indian child is placed
across state lines without Tribal services;
- The Tribe requests CA and ICPC involvement;
- There is no tribal court in Washington
to take custody of an Indian child placed in Washington from another
- The Indian child, placed in another
state, will remain a dependent under the jurisdiction of a Washington
state court and in the custody of Children’s Administration;
- CA will be paying for foster care
or other services for a child in another state;
- The social worker and/or the Tribe
determine that use of ICPC is in the best interest of the Indian child
placed across state lines;
- The placement is with a relative when
the Indian child is the responsibility of CA or if the Tribe requests
- If an Indian child is placed by one
Tribe to another Tribe, the ICPC process is not needed. However, if
a Tribe wishes the CA to pay for the placement, the Tribe must use the
- CA staff must give full faith and credit
to complete home studies from other states or Tribes when approving out-of-state
placement of an Indian child.
09.10 CA SOCIAL WORKER RESPONSIBILITIES
- When the plan is to place an Indian child
from Washington out of state through the compact, on request of the child’s
Tribe that is not a member of the ICPC, the CA social worker:
- Assists the Tribe to utilize the ICPC
for placement of an Indian child in another state in a placement designated
by the Tribe. In such an instance, the social worker must see that
the requirements of chapter 26.34 RCW, Interstate Compact on Placement
of Children, have been satisfied.
- Makes efforts to arrange visitation
to build relationships between the child and the proposed placement
following completion of satisfactory criminal history checks and a
preliminary family assessment.
- Assists in arranging the placement
of an Indian child through the Compact when the child is not in parental
custody and is the subject of child custody proceedings in this state.
- The child’s Tribe and the receiving
agency/state designate the placement.
- Prior to sending the child to the
child’s designated placement, the CA social worker documents in the ICW
section of the child’s service file that the receiving state has determined
that the proposed placement does meets the child’s best interests.
- The social worker will not send the
child for placement if the social worker has not received documentation
or the home study indicates that the placement is contrary to the
- The CA social worker does not authorize
and CA does not make foster care payment for an Indian child placed
in another state through ICPC unless:
- A certified or licensed child placement
agency arranged the placement; or
- A Washington State Tribe’s ICW
program placed the child under a tribal court order; or
- A court of competent jurisdiction
granted custody of the child to CA or its Division of Children
and Family Services (DCFS) prior to the child’s out-of-state
- When a Tribe uses the ICPC process,
and CA makes payment for placement or related services, the social
worker completes the Interstate Compact Placement Request,
DSHS 15-92, showing the Tribe as having legal custody and showing CA/DCFS
as having financial responsibility.
- When a child's Tribe informs the CA
social worker that the Tribe objects to ICPC placement of the child
in another state, the social worker must not arrange for ICPC placement.
- The CA social worker must evaluate
proposed placement in cooperation with the social services program
of the child’s
- When another state’s child welfare
agency plans to place an Indian child into Washington state through ICPC:
- The CA social worker must follow the
same procedures for the placement of Indian children as outlined in
this chapter 04 of this manual.
- The CA social worker must evaluate
the proposed in-state placement in cooperation with the social services
program of the child’s Tribe and the sending agency social worker.
- The CA social worker must share the
home study and recommendations concerning placement of a child in a
family in Washington State with both the sending state agency and the
- Child in Another State under Tribal
Jurisdiction – Placement in Washington State
- When an Indian Tribe in another state
has jurisdiction over an Indian child in another state and wishes to
place that child in Washington State, the Tribe has the option of:
- Working directly with the local DCFS
office in whose geographical area the child is being placed, or
- Working through the state ICPC program
manager in CA headquarters.
- If the Tribe chooses to work directly
with the local DCFS office, the CA social worker and the Tribe must
enter into a mutual agreement as to the specific services the CA social
worker will provide to the Tribe and the Indian child.
- After placement, CA will offer services
to the Indian child to the same degree that it offers services
to children placed through another state’s child welfare agency.
- The Tribe retains its custody of the
child placed and makes all case plan decisions.
- If the Tribe chooses to work through
the state Interstate Compact program manager in Olympia, the program
manager, in consultation with the local CA office, and the Tribe must
enter into a mutual agreement as to the specific services CA will provide
to the Tribe and the Indian child. The local CA office will then provide
- Indian children placed by Tribes from
outside of Washington State are eligible for the same services provided
to Washington State Indian children, including, but not limited to:
- Notification of the Tribe if the CA
social worker becomes aware that the Tribe’s court orders
and case plan are not being followed;
- Reports as requested by the Tribe;
- Participation in case staffings if
requested by the Tribe.
To obtain the name, address, and telephone number of the ICPC Administrator
for a specific state or states, the CA social worker or the Tribe may contact
the ICPC program manager in Olympia at e-mail ICPC300@dshs.wa.gov or (360)
902-7984 or fax (360) 902-7903.