Library: Policy
340:75-19-18. Permanency planning for Indian children
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Revised 7-1-13
The Federal and State Indian Child Welfare Acts (ICWA) and OAC 340:75-6 provide information regarding services to Indian children and families. The ICWA requires active efforts be made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family per Section 1912 of Title 25 of the United States Code (25 U.S.S. § 1912).
INSTRUCTIONS TO STAFF 340:75-19-18
Revised 7-1-13
1.Permanency planning for Indian children.The Federal and State Indian Child Welfare Acts (ICWA) and OAC 340:75-6 are followed when providing permanency planning services to the Indian child.The child welfare (CW) specialist:
(1) reviews the case file, including legal documents, to determine whether there is compliance with State and Federal ICWA.
(2) when there are questions about ICWA compliance, staffs the case with the CW supervisor to determine whether additional efforts are necessary to meet the active efforts requirements of the ICWA or whether a staffing with the district attorney is needed.
(3) contacts the child's tribe monthly to:
(A) identify potential placements for the Indian child; and
(B) coordinate services to the child and family.
(4) advises in a timely manner and encourages the Indian child welfare (ICW) worker to participate in:
(A) permanency planning meetings;
(B) staffings;
(C) permanency round table meetings;
(D) family team meetings;
(E) criteria staffings; or
(F) other meetings that promote permanency.
(5) documents each efforts to comply with the provisions of the Federal and State ICWA, including efforts to follow the placement preference and to provide active efforts to reunify and includes this information in the Court Report;
(6) requests the court make findings regarding efforts to comply with the Federal and State Acts;
(7) staffs a recommendation for termination of parental rights with the child's tribe prior to making the recommendation and considers the extra standards required for termination of parental rights that include a judicial determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
(8) requests assistance from the tribe to determine what, if any, other services can be provided to the family to correct the conditions that led to the adjudication, when the child's tribe is not in support of termination of parental rights.
(9) explores alternative permanency planning options such as guardianship or supported permanency as needed to meet the child's needs when termination is not supported by the child's tribe or there is not sufficient evidence to meet the higher standard of proof that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
(10) assists with identifying an appropriate qualified expert witness required by the Federal and State ICWA, when termination of parental rights is requested.
