- The social worker follows the procedures
in this chapter when providing casework or placement services to Recognized
Indian Children, including Canadian First Nations Indian children. In
addition, the social worker also follows the requirements of the Children’s
Administration (CA) Case Services Policy Manual and the CA Practices
and Procedures Guide.
- If there is a conflict between the provisions
of this chapter and the provisions of the Practices and Procedures Guide,
the social worker follows the procedures in this chapter.
- The requirements of this chapter pertaining
to a "child's Tribe" do not apply to cases involving Recognized
Indian Children who are not members or eligible for membership in a non-federally
recognized Tribe because they have no Tribe.
For purposes of this chapter, see the definitions for the following terms
in the referenced chapters:
- “Canadian
First Nations Indian Child” – See chapter 14, Definitions.
See Chapter 12 for Canadian First Nation contact information.
- “Child's
Tribe” – See chapter 14, Definitions.
- “Recognized
Indian Child” - see chapter 03, section 3.10, and chapter
14.
Upon acceptance of a case for service, the social worker follows the requirements
of Chapter 03, section 03.20 in seeking to discover whether the involved child
is of Indian ancestry. The social worker must do this in every case. The
social worker must document verification of Indian ancestry each time the case
is transferred from one worker or program to another.
The social worker follows the requirements of Chapter 03, section 03.30,
regarding verification of a child's Indian status.
- Canadian Children
- The Canadian First Nation or community
determines a child's membership status in a Canadian First Nation,
Metis community, or non-status Indian community. A determination by the
First Nation or community regarding membership is final. The CA or private
agency social worker does not determine a Canadian First Nations child's
membership status.
- CA considers a Canadian child to be
an Indian Child if any of the following circumstances exist:
- The child is listed as a status Indian
on the Canadian Federal Indian Register.
- The child is a member or eligible
for membership in a non-federally recognized Indian Tribe. The child’s
Tribe determines a child's tribal membership status. A tribal determination
of membership or eligibility for membership is final. The CA or private
agency social worker does not determine an Indian child's membership
status.
- A
Canadian First Nation or a federally or non-federally recognized Indian
Tribe verifies that the First Nation/Tribe considers the child to be
Indian.
- An
off-reservation Indian/Alaska native community organization verifies
that the organization considers the child to be Indian.
- Other Children
If a child is a member of more than one Canadian First Nation, Metis,
or non-status Indian community or if a child is a member or eligible for
membership in more than one non-federally recognized Tribe, the social worker:
- Provides notification to each of the
Tribes or communities; and
- With respect to each Tribe or community,
follows all other applicable procedures in this chapter. See section
11.05 for definition of "child's Tribe."
- The CA or private agency social worker must
follow the provisions of this chapter until the worker verifies with reasonable
certainty that the child does not meet the definition of a Canadian First
Nations or Recognized Indian child found in section 11.05 by following the
steps in chapter 03, section 03.40. If the child does not meet one of the
definitions, CA does not consider the child to be an Indian child, and the
provisions of this chapter do not apply.
- The social worker documents in the service
record the actions taken to identify the child's status in accordance with
the requirements of this chapter and the basis for concluding that none
of the definitions of Indian child apply.
- In cases where the social worker has requested
verification of a child's Indian status and has not received a response
to such request(s), the social worker may consider a child non-Indian and
need not follow the provisions of this chapter if the worker has satisfied
all of the following requirements:
- The
social worker has followed the procedures in section 11.102 regarding
verification of the child's Canadian, Metis, non-status Indian, or Recognized
Indian status.
- If
the social worker did not receive verification within 60 calendar days
following the date the worker sent the written request for verification,
the social worker has sent a second request and has contacted the First
Nation, Metis, or non-status community, and/or Tribe or Indian/Alaska
native community organization by telephone.
- The
social worker has not received verification within 30 calendar days
following the date of the second request and neither a First Nation,
Metis, or non-status community nor an Indian/Alaska native community
organization or Tribe has requested additional time for verification.
- If
a First Nation, Metis, or non-status community /Tribe or an Indian/Alaska
native community organization has requested additional time for verification,
the First Nation/Tribe or Indian/ Alaska native community organization
has not provided verification within 90 calendar days after the social
worker sent the first written request for verification.
- The social worker has provided all
available information regarding the child's family history to the First
Nation, Metis, or non-status community/Tribe or an Indian/Alaska native
community organization/ Tribe and has taken reasonable steps to obtain
and provide any additional information requested.
- The
child is not an Indian child, as defined in any of the definitions
in Chapter 03, section 03.10. See Chapter 03 regarding verification of
a child's Indian status.
- The social worker has documented in
the ICW section of the service record all information necessary to
demonstrate compliance with the preceding requirements, including the
name, address, and telephone number of the person(s) contacted to verify
the child's Indian status.
- If a child has been identified as non-Indian
in accordance with this section, and the social worker subsequently verifies
that the child does meet either of the definitions in section 11.05, the
social worker follows the requirements of this chapter in performing casework
or placement activities after verifying the child's status.
- E. A First Nation,
Metis, or non-status community or Tribe and/or Indian/Alaska native community
organization may verify a child's status as a Canadian First Nations or Recognized
Indian orally or in writing. If the verification is oral, the social
worker documents in the ICW SER of the service record the date the social
worker received verification and the name, address, and phone number of the
person who provided the verification.
The guidelines in chapter 04 apply to the disclosure of confidential records/information
pertaining to Canadian First Nations or Recognized Indian Children.
11.201 Provision of CPS
Case Record Material To Indian Tribes
In cases involving Canadian First Nations, Metis, or non-status Indian Children
or children who are members or eligible for membership in a non-federally recognized
Tribe, the social worker furnishes to the child's Tribe information specified
in chapter 05, section 05.05.
The social worker follows the requirements of Chapter 05, section 05.10,
regarding involvement of an Indian interpreter following receipt of a screened-in
child abuse/neglect complaint or referral.
- Before filing a dependency, guardianship,
or involuntary termination petition, the social worker provides social
services to the family for the protection of an Canadian First Nations, Metis,
or non-status Indian Child or Recognized Indian child when:
- The
circumstances of the family, viewed in light of prevailing social and
cultural conditions and the way of life of the Indian community, require
the provision of social services for the child and to support the relationship
between the child and the parent(s).
- The social worker actively provides
services of a remedial nature designed to rehabilitate and prevent
the breakup of the family.
- If a child is a Canadian First Nations,
Metis, or non-status child or is a member or eligible for membership
in a non-federally recognized Tribe, the social worker jointly develops
and, whenever possible, provides services in consultation with the social
services program of the child's Tribe.
11.204 Remedial and
Rehabilitative Services Plan
The social worker provides services based on a remedial and rehabilitative
service plan designed to effectively address and eliminate problems destructive
to the family. The social worker designs a plan:
A. Ensuring active efforts to
prevent or eliminate the need for removal of the child from the family home.
B. Formulated with the direct collaboration
of the child's parent(s) and the child (if of sufficient age), extended family
(when appropriate), and the child's Tribe.
C. Taking into account the prevailing social
and cultural conditions in the child's Indian community.
D. Encouraging a family relationship between
the parent(s) and the child, as well as between the child, the child’s
siblings, and other members of the child's extended family throughout the time
that the social worker engages in efforts to prevent family breakup.
E. Encouraging maintenance of the child in
the child’s own family residence if safe and appropriate.
Whenever a CPT staffing is necessary for a case involving an Canadian First
Nations or Recognized Indian Child, the social worker arranges for a CPT staffing
with the LICWAC. See Chapter 10 regarding LICWAC procedures.
The social worker's implementation of the plan stresses using and involving,
where available, community services and resources specifically for Indian families. These
include:
- Extended family.
- Tribal social services and other programs.
- Indian organization programs. See
chapter 14 for the definition of "Indian organization."
- Traditional Indian therapy administered
by traditional practitioners, when appropriate.
- Individual Indian caregivers having skills
to help the family.
- Indian Tribes, whether located in the United
States or Canada, generally do not have jurisdiction over child custody proceedings
involving Canadian First Nations or Recognized Indian Children. If the
circumstances of a particular case require court involvement, the social worker
files the proceeding in the juvenile court for the county in which the child
resides or in which the child is located. However, an exclusive or concurrent
jurisdiction Tribe may, by action of the tribal government, exercise jurisdiction
over all Indian children residing on the reservation, even if the child is
not a member of the particular Tribe.
- A child's residence is that of the parent(s)
or legal custodian or, if the parents’ whereabouts are unknown, the
home in which the child resides or from which the child was removed.
- Indian Tribes do not have a right under
ICWA to intervene as a party in state court proceedings involving Canadian
First Nations or Recognized Indian Children. However, in such cases,
the Tribe may file a motion for intervention under Civil Rule 24 of the
Rules for Superior Court (CR 24). If the court determines the Tribe has a
sufficient legal interest in the proceeding, the court may allow the Tribe
to intervene as a party.
- The social worker does not oppose a request
for intervention filed by:
- A
Canadian First Nations, Metis, or non-status Indian community in which
the child is a member or eligible for membership; or
- A
non-federally recognized Tribe in which the child is a member or eligible
for membership; or
- A federally recognized Tribe when
the child is not eligible for membership in the Tribe.
- Except as required in this chapter, when
the social worker assists the parent of a Canadian First Nations, Metis,
or non-status Indian or Recognized Indian Child to execute a voluntary consent,
the social worker complies with the requirements applicable to non-Indian
cases in the following manuals:
- CA Case Services Policy Manual,
chapter 3000, section 3240; and
- CA Practices and Procedures Guide,
chapter 4000, section 4306.
- If the social worker has not verified the
child’s status as an Indian child, the social worker must obtain
court validation of voluntary consents to placement until status is verified.
- When a parent seeks to execute a voluntary
consent to foster care placement/relinquishment/termination of parental
rights or adoption, the social worker:
- Informs
the parent of:
- Placement preference requirements:
and
- Requirements for notification of the
child's Tribe and extended family members.
- Encourages
the parent to contact an Indian interpreter or a representative of the
social services program of the child's Tribe to assure that the consent
is voluntary and that the parent understands the consequences of signing
the consent. See chapter 14 for the definition of "Indian interpreter."
- Documents the encouragement in the
ICW section of the case record. If the social worker refers the parent
to an identified individual, the social worker documents the date of
the referral and the name of the individual to whom the worker made the
referral.
- Prior to accepting a voluntary consent to
placement, the social worker:
- Encourages
the parent to contact the child's Tribe regarding available services
to:
- Assist the parent to retain custody
of the child;
- Maintain the parent-child relationship
during any foster care placement; and
- Further the child's family and tribal
relationship.
- Documents
in the ICW section of the service record efforts to have the parent
contact the child's Tribe regarding available services. If the social
worker refers the parent to an identified individual within the child's
Tribe, the social worker documents the referral date and the name of
the individual to whom the worker made the referral.
- Follows up with the child’s
Tribe to verify that the parent has contacted the Tribe and to learn the Tribe’s
position on the action.
- If an attorney represents the parent, the
social worker refers the parent to the attorney for explanation of the
consequences of signing a consent
- If an attorney does not represent a parent,
the social worker fully explains the consent form to the child's parent
prior to obtaining the parent's signature on the form. The social worker
uses an Indian interpreter, whenever possible, to explain the form to the
parent.
- The social worker uses Consent to Foster
Care Placement and Court Certification, DSHS 09-763, for cases involving
foster care placement, and Relinquishment, Consent to Termination/ Adoption,
and Court Certification – Indian Child, DSHS 09-764, for cases
involving voluntary relinquishment/ termination of parental rights.
- The social worker requires the parent to
read the consent form prior to obtaining the parent's signature on the
form.
- If the social worker has a doubt about
the parent's ability to read and understand the consent form, the social
worker reads the form to the parents.
- If there is any doubt about the parent's
ability to understand English, the social worker arranges to have the
form read and explained to the parent in the parent’s primary language.
- After obtaining the parent's signature on
the form, the social worker gives the parent a copy of the signed consent
form.
- If the social worker files a petition for
court approval of a parent's consent to relinquishment or for termination of
parental rights under chapter 26.33 RCW, the social worker:
- Indicates on the petition that the
child is of Canadian First Nations or Native American descent but does
not meet the ICWA definition of "Indian child." See section
11.353 for further explanation.
- Completes and files with the court
a Declaration of Adoption Facilitator, DSHS 09-765.
- When filing a relinquishment/termination
petition, the social worker notifies the child's Tribe by telephone of
the date, time, and place of any court proceeding to obtain court approval
of the relinquishment or terminate parental rights. The social worker also
sends written notice to the child's Tribe, Notice To Federally Recognized Indian Tribe,
Band, or Nation, DSHS 09-541.
- If the child's Tribe requests to intervene
in the proceeding under Civil Rule 24, the social worker does not oppose
intervention.
- The social worker follows the requirements
of section 11.403 regarding notice to the child's extended family.
- The social worker follows the placement
preference requirements in section 11.402.
- Following the placement of a Canadian First
Nations or Recognized Indian Child pursuant to a voluntary consent, the
social worker provides post-placement services as required in section 11.409.
- If a parent of a Canadian First Nations
or Recognized Indian Child withdraws a consent to foster care placement
at any time or if a parent withdraws a consent to relinquishment/termination
or adoption prior to entry of an order terminating parental rights, the social
worker returns the child to the custody of the parent unless:
- A
court order for foster care placement was previously entered and the
order remains in full force and effect; or
- Return of custody would likely cause
an emergency resulting in imminent physical harm to the child; and
- A law enforcement pickup has been
initiated or a shelter care/pickup order has been entered. See section
11.352 regarding shelter care placement.
- If the child is returned to the custody
of the parent(s) following withdrawal of consent to relinquishment/ termination
or adoption, the social worker assists the child to make a successful return
to the custody of the parent(s). Assistance includes:
- Helping the child adjust emotionally
and psychologically to the change in placement;
- Helping the parent(s) understand and
effectively meet the child's needs;
- Providing or arranging for appropriate
social services.
- Helping the foster/pre-adoptive family
or placement facility assist the child to make a successful transition
back to parental custody.
- Except in emergency circumstances, the social
worker notifies the child's parents, including alleged father(s), and the child's
Tribe of a decision to file a petition to request the court to order the foster
care placement. In emergency situations, the social worker follows the
procedures in section 11.352.
- The social worker does not petition any
court for an involuntary foster care placement when the petition is based
solely on the parent’s prior request for the child’s placement.
- Except in emergency situations, the social
worker follows the requirements below before filing a dependency, guardianship,
or involuntary termination petition in juvenile court:
- Makes active efforts to
comply with the requirements of section 11.20, Casework Services Prior
to Superior Court Involvement, to prevent the breakup of the Indian family.
- Consults
with the social services program of the child's Tribe for purposes
of service/placement resource identification and case plan development.
- Makes active
efforts to agree to family service plans and legal arrangements
designed to protect the child and eliminate the need for filing a
petition in juvenile court.
- The social worker does not file a dependency,
guardianship or involuntary termination petition in juvenile court when
the only grounds for such a petition are evidence of:
- Community
or family poverty.
- Crowded
or inadequate housing or homelessness.
- Alleged alcohol abuse or other nonconforming
social behaviors on the part of the parent(s) unless such behaviors
are directly connected to evidence of serious emotional or physical harm
or risk of harm to the child.
- The social worker may take steps to arrange
for emergency pickup of a Canadian First Nations or Recognized Indian Child
by law enforcement or to obtain a juvenile court order authorizing placement
of the child in shelter care.
- The
social worker does not seek shelter care placement or a shelter care
order unless the placement is necessary to prevent imminent physical
or emotional harm to the child or sexual abuse of the child.
- When law enforcement places a child
in CA custody under an emergency pickup order, a hospital/medical hold,
or a court order authorizing emergency shelter care placement, the social
worker gives the child's parent(s)/caretaker a copy of the Parent's Guide to CPS,
DSHS 22-484(X), and a copy of the Temporary Custody Notification,
DSHS 09-731.
- Unless
a child is returned to the parent(s) following shelter care placement,
a juvenile court shelter care hearing must occur within 72 hours following
the child's shelter care placement, excluding weekends and holidays.
- Following placement, the social worker:
- Makes active
efforts to return the child home.
- Takes
necessary steps to ensure that when the shelter care placement ends,
the placement is no longer necessary to prevent harm to the child.
- Immediately returns the child to the
child’s parent(s) or legal custodian when the legal authority
for the placement ends.
- The initial shelter care placement may not
extend longer than 72 hours, excluding Saturdays, Sundays, and holidays,
unless the social worker obtains a juvenile court order approving a longer
period of placement.
- Upon learning of the need for an emergency
shelter care placement of a Canadian First Nations or Recognized Indian
Child, the social worker consults with the social services program of the
child's Tribe to:
- Identify placement;
- Develop a case plan; and
- Determine the availability of appropriate
services including Tribal social services, Indian organization programs,
and traditional Indian therapy.
- The social worker staffs the case with LICWAC
if the child's Tribe is unavailable. See Chapter 10 for LICWAC procedures.
- The social worker follows the foster
care placement preferences found in section 11.402.
- The
social worker may make an emergency shelter care placement that is
not within the placement preferences found in section 11.402 if the social
worker has made and documented diligent efforts to place
the child within the placement preferences.
- When
the social worker does not initially place a child in accordance with
the placement preferences, the social worker continues diligent efforts to
place the child in accordance with the preference requirements of section
11.402.
- Once a Canadian First Nations or Recognized
Indian Child has been placed in shelter care, the social worker provides
post-placement services in accordance with the requirements of section 11.409.
- To commence a dependency proceeding, the
social worker or the agency's legal representative completes and files a dependency
petition, DSHS 09-428(X), including the Addendum to Petition if the
Tribe is known, with juvenile court.
- A Canadian First Nations or Recognized
Indian Child does not fall within the federal ICWA definition of "Indian
Child”. For that reason, the federal ICWA does not apply to child
custody proceedings involving these children, except in limited circumstances
outlined in section 11.402.
- When
the social worker files a dependency petition on a Canadian First Nations
or Recognized Indian Child, the social worker indicates on the petition
that the child is of Canadian First Nations or Native American descent
but does not meet the federal Indian Child Welfare Act definition of "Indian
child."
- The social worker sends notice of the proceeding
to the child's Tribe, using Notice To Canadian First Nations Tribe or Band
or to Non-Federally Recognized U.S. Tribe or Band, DSHS 09-537.
- If the child's Tribe requests to intervene
in the proceeding, the social worker does not oppose intervention.
- The social worker provides a copy of shelter
care and dependency orders, including any order dismissing the proceedings,
to the child's parents.
- If the court allows the child's Tribe to
intervene in the proceeding, the social worker also provides the Tribe
a copy of any court orders.
- If a Canadian First Nations or Recognized
Indian Child is placed in out-of-home care under a shelter care or dependency
disposition order, the social worker follows:
- The placement preference requirements
in section 11.402.
- The requirements of section 11.403
regarding notice to the child's extended family.
- Before preparing a social study/report to
court and/or an ISSP, the social worker, in accordance with the confidentiality
requirements of chapter 04:
- Consults with the social services
program of the child's Tribe:
- To identify placement resources;
- To develop a case plan; and
- To determine the availability of appropriate
services, including Tribal social services, Indian organization
programs, and traditional Indian therapy appropriate to the child’s
needs.
- If the child's Tribe is unavailable,
staffs the case with LICWAC. See chapter 10 regarding LICWAC.
- Includes the recommendations of the
child's Tribe and/or LICWAC in the report to court or ISSP.
- The social worker notifies the child's Tribe
of all hearings concerning the dependency involving Canadian First Nations
or Recognized Indian Children, using Notice to Canadian First Nations Tribe
or Band or to Non-Federally Recognized U.S. Indian Tribe or Band,
DSHS 09-537.
- If a Canadian First Nations
or Recognized Indian Child is placed in foster care under a dependency
proceeding, the social worker provides services following placement in accordance
with section 11.409.
- The social worker does not file a Child
in Need of Services (CHINS) petition in juvenile court unless the social
worker meets the following requirements:
- CA Case Services Policy Manual,
chapter 5000, sections 5500 and 5600.
- The CA Practices and Procedures Guide,
chapter 3000.
- To commence a CHINS proceeding, the social
worker completes and files a CHINS petition with the juvenile court or
assists the child or parent to file the petition.
- The social worker follows the notification
procedures below:
- After the social worker files the
CHINS petition, the social worker immediately sends notice of the proceeding
to the child's Tribe, Notice to Canadian First Nations Tribe or Band or
to Non-Federally Recognized U.S. Indian Tribe or Band, DSHS 09-537.
- The
social worker sends notice to the Tribe when the social worker becomes
involved in the proceeding; i.e., responsible for case plan development/placement
recommendations:
- If the Indian child or the child's
parent(s) files the CHINS petition; and
- The child's Tribe has not been previously
notified of the CHINS proceeding.
- In arranging foster care placement for the
child, the social worker follows the foster care placement preferences
found in section 11.402.
- In developing the plan for dependency guardianship,
the social worker follows the placement preferences found in Chapter 11.402. In
addition, the social worker must comply with the provisions of the CA Case
Services Policy Manual, chapter 5000, section 5770, and the CA Practices
and Procedures Guide, chapter 4000, sections 4340 and 4534.
- Prior to filing the dependency guardianship
petition, the social worker consults with the social services program of
the child's Tribe. If the child's Tribe is unavailable, the social worker
consults with LICWAC. See chapter 10 regarding LICWAC procedures.
- To commence a dependency guardianship proceeding,
the social worker or the social worker's legal representative completes and
files a guardianship petition, along with the Addendum to Petition,
with the juvenile court. The social worker indicates on the petition
that the child is of Canadian or Native American descent but does not meet
the federal ICWA definition of "Indian child."
- The social worker sends notice of the proceeding
to the child's Tribe, using Notice to Canadian First Nations Tribe or Band
or to Non-Federally Recognized U.S. Indian Tribe or Band, DSHS 09-537.
- If the child's Tribe requests to intervene
in the proceeding, the social worker does not oppose intervention.
- The social worker provides a copy
of the dependency guardianship order and a copy of any subsequent order
dismissing dependency guardianship to the child's parents and the dependency
guardian. If the court allows the child's Tribe to intervene in the proceeding,
the social worker also provides to the Tribe a copy of the dependency guardianship
order and a copy of any subsequent order dismissing dependency guardianship.
- When the court establishes a dependency
guardianship, the social worker provides services following placement as
required in section 11.409.
- Prior to filing a termination petition,
the social worker consults with the social services program of the child's
Tribe. If the child's Tribe is unavailable, the social worker consults
with LICWAC. See chapter 10 regarding LICWAC procedures.
- When seeking termination of parental rights,
the social worker must comply with the requirements of the CA Case Services
Policy Manual, chapter 4000, section 4130, and chapter 5000, section
5762. In addition, the social worker must comply with the CA Practices and Procedures
Guide, chapter 4000, sections 43052 and 4320.
- To commence a termination proceeding, the
social worker or the agency's legal representative completes and files a Petition
to Terminate Parental Rights, DSHS 09-766, along with an Addendum
to Petition, with the juvenile court. The social worker indicates
on the petition that the child is of Canadian or Native American descent
but does not meet the federal ICWA definition of "Indian child."
- The social worker sends notice of the proceeding
to the child's Tribe, using Notice to Canadian First Nations Tribe or Band
or to Non-Federally Recognized U.S. Indian Tribe or Band, DSHS 09-537.
- If the child's Tribe requests to intervene
in the proceeding, the social worker does not oppose intervention.
- The social worker provides a copy
of the court’s order on the petition to the child's parents, or their
legal representative. If the court allows the child's Tribe to intervene in
the proceeding, the social worker also provides to the Tribe a copy of the
court’s order on the petition.
- Whenever the court involuntarily terminates
parental rights, the social worker provides services following the child’s
placement as required in section 11.409.
The requirements of the federal Adoption and Safe Families Act (ASFA),
[42 USC 629 – 629b and 42 USC 671a] apply to Recognized Indian Children,
including Canadian First Nations children. See the CA Practices and
Procedures Guide, chapter 4000, section 42673, for requirements relating
to these children.
- Prior to placing a Canadian First Nations
or Recognized Indian Child in the home of a person other than the child's parent(s),
the social worker makes 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) as the
primary resource for the child. If out-of-home placement is necessary, the
social worker places the child in accordance with the order of preference
listed in section 11.402, below.
- Non-federally recognized Indian children,
including Canadian First Nations and Recognized Indian children, are not
covered by ICWA.
- It is imperative that CA social workers
exert active and diligent efforts to immediately place
Canadian First Nations and 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 placement of a Canadian
First Nations or Recognized Indian Child, 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."
- An
Indian foster family of the same Tribe as the child.
- Another
Indian foster family.
- A
non-Indian foster home specifically recruited and trained to meet the
special needs of Indian foster children.
- For purposes of applying the above preferences,
an "Indian foster family" means that at least one of the foster
parents is:
- A member of a federally recognized
Indian Tribe, including Eskimo, Aleut, or other Alaska Native. See
chapter 12 for a list of federally recognized Tribes in the United States;
- A member of a First Nation, treaty
Tribe, Metis community, or a non-status Indian community from Canada;
or
- Considered Indian by a federally or
non-federally recognized Tribe or off-reservation Indian organization.
- When applying the above placement preferences,
the social worker, whenever possible:
- Uses the social and cultural standards
prevailing
in the child's tribal or Indian community;
- Places
the
child in the least restrictive setting which most approximates a family
setting and in which the child's special
needs will be met;
- Places
the
child within reasonable proximity to the child's home taking into account
any special needs of the child, safety of the
child, and CA’s
ability
to facilitate visitation with the parents, siblings, and extended
family;
- When
placing
more than one sibling, place siblings together or in close proximity
unless the placement would cause serious physical
or emotional harm to one or more of the children; and
- Locate the child where the parent
has the opportunity to have regular access to the child without undue
economic, physical, or cultural hardship.
- In making a foster care placement,
the social worker consults with the social services program of the child's
Tribe to identify service and placement resources and to develop a case
plan. If the child's Tribe is unavailable, the social worker consults with
the LICWAC. See chapter 10 regarding LICWAC procedures.
- The social worker makes a diligent search
for a suitable placement using the order of preference before considering
a placement outside the preferred placement categories. The social worker
follows the requirements of chapter 07, section 07.15, in making a diligent
search.
- The social worker does not place the child
outside of the above preference categories except as provided in section
11.404.
- The social worker follows the requirements
of Chapter 07, section 07.20, for a Canadian First Nations or Recognized Indian
Child regarding notification of the child's extended family members, using Notice
to Extended Family Members, DSHS 09-772, when:
- Placing
the child in a non-relative foster care placement pursuant to parental
consent, dependency disposition, or termination of parental rights; or
- Moving
the child from a relative placement to a non-relative foster care placement.
- If the child's parent(s) objects to notification
of a particular extended family member, the social worker discusses the
basis for the objection with the parent(s).
- If
the child's parent(s) is concerned that the child could be harmed by
contact with the extended family member, the social worker does not notify
the family member if, after consultation with the child's Tribe, the
social worker determines the concerns of the parents(s) are reasonable.
- If
the parent(s) base the objection on a desire for anonymity or other
reasons, the social worker determines, in consultation with the child's
Tribe whether notice to the family member is in the child's best interests.
If the social worker determines family notification is in the child's
best interests, the social worker notifies the child's extended family
member as required in Chapter 07, section 07.20.
- When the social worker does not provide
notification to an extended family member, the social worker documents,
in the ICW section of the child's service record, the reason(s) for not giving
notification, along with the Tribe's position regarding notification. The
social worker also asks the Tribe provide a written statement of the Tribe’s
position.
- The social worker may place a Canadian First
Nations or Recognized Indian Child outside of the preference categories
found in this chapter under one of the following circumstances:
- The
child's Tribe or the LICWAC, if the Tribe is unavailable, concurs that
the child's best interests require placement with a non-Indian family
or other placement not within the categories.
- The
child has extraordinary physical or emotional needs and a placement
within the categories cannot be found to meet the child’s needs.
- The social worker has completed a diligent
search for a placement within the preference categories
and identified no suitable and available placement within the categories.
- In
determining the suitability of a family, the social worker evaluates
the family in accordance with the social, economic, and cultural standardsprevailing
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.
- The
social worker is unable to place the child in accordance with the placement
preferences due to emergency circumstances.
- When the social worker places an Indian
child in a placement outside the preference categories due to the above
circumstances, the social worker, in consultation with the social services
program of the child's Tribe or LICWAC, if the Tribe is unavailable:
- Continues to diligently seek a suitable
placement within the preference categories; and
- Places the child within the preference
categories at the earliest possible time.
The social worker follows the requirements of Chapter 07, section 07.40,
in considering parental or child preferences regarding placement of a Canadian
First Nations or Recognized Indian Child.
11.406 Documenting Reasons for Placement Choice
For each foster care placement, the social worker documents in the ICW section
of the child's service record:
- Active efforts made to
comply with the placement preference requirements of this chapter. The
social worker documents in the service record the homes contacted in the
course of compliance efforts, including the names and addresses of extended
family members and of tribally approved homes contacted.
- Reasons for not choosing an available home
of a higher placement preference than the home of lesser preference chosen
for placement.
- If the social worker does not place siblings
together, the reasons justifying separation of siblings and the steps
taken to maintain the sibling relationship following placement.
- Using the Notice of Placement Change,
DSHS 09-760, the social worker notifies the child's Tribe and, if parental
rights have not been terminated, the parent(s) whenever the social worker
decides to change the foster care placement of a Canadian First Nations or
Recognized Indian Child.
- When the social worker changes the child's
foster placement, the worker must place with a new care provider in accordance
with the placement preference requirements of this chapter.
- If the social worker moves the child from
a relative placement to a non-relative placement, the social worker follows
the requirements of section 11.403 regarding notice to the child's extended
family, using the Notice of Placement Change, DSHS 09-760.
- On or before the 30 th day following the
out-of-home placement of an Indian child, the social worker consults
with the social services program of the child's Tribe, if available, in
developing the ISSP, revealing information as authorized in chapter 04. Thereafter,
the social worker consults with the social services program of the
child’s
Tribe in developing any ISSP updates.
- Prior to preparing an ISSP, social study,
or report to court, the social worker also follows the requirements of
section 11.353.
- When an administrative review is necessary
for a case involving a Canadian First Nations or Recognized Indian Child,
the social worker arranges for a review by the LICWAC. See chapter 10 for
LICWAC procedures.
- The social worker provides services following
placement, as required below, when placing a Canadian First Nations or
Recognized Indian Child in shelter care or foster care. In providing services,
the social worker consults with the social services program of the child's
Tribe to identify service and placement resources and to develop a case plan.
If the child's Tribe is unavailable, the social worker consults with LICWAC.
See chapter 10 regarding LICWAC procedures.
- Shelter Care
- Following the placement of a Canadian
First Nations or Recognized Indian Child in shelter care, the social worker
provides reasonably available remedial and rehabilitative programs designed
to safely return the child to the custody of the child's parent(s).
- Such remedial and rehabilitative programs
must focus on eliminating the problems that necessitated the
child’s
placement and reducing the risk to the child of abuse or neglect
if returned to the custody of the parent(s).
C. Foster Care - Parental Rights Not
Terminated
- When a Canadian First Nations or Recognized
Indian Child has been placed in foster care and parental rights have not
been terminated, the social worker actively provides reasonably available
remedial and rehabilitative programs designed to safely and appropriately
return the child to the custody of the parent(s).
- The
social worker provides remedial and rehabilitative services designed to:
-
- Address and eliminate problems that
necessitated the child’s placement; and
- 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, as well as the other appropriate
services the agency is able and willing to provide.
- The social worker develops the plan
with the direct collaboration of:
- The parent/Indian custodian.
- The child, if of sufficient age.
- Grandparents, when appropriate.
- The child's Tribe or the LICWAC, if
the child's Tribe is unavailable.
- The
plan encourages maintenance of an ongoing familial relationship and maximum
visitation between the parent(s) and the child, as well as between the
child, the child’s siblings, and other members of the child's extended
family.
- When safe and appropriate, visitation
takes place in the home of the parent(s), home of other family members
or a non-institutional setting permitting the child and the visitors to have
natural and unsupervised interaction.
- 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.
- Tribal organization programs.
- Traditional Indian therapy administered
by traditional practitioners.
- Where available and appropriate, individual
Indian caregivers with skills to help the family.
- The
social worker provides the foster care home or facility with information
on the background and special needs, if any, of the child.
- The social worker assists the child
in adjusting emotionally and psychologically to the foster care placement.
- The social worker provides the child and/or the
foster care provider with help in resolving emotional and/or behavioral
problems related to placement.
- The social worker informs the foster care provider
and the child, if of sufficient age, of available services and facilitates
referrals to those services.
- Where
necessary, the social worker instructs or arranges for instruction of the
foster care home or facility provider in:
- Foster parenting skills;
- How to best meet the child's special
needs;
- How to best assist the child's adjustment
to foster care;
- How to best meet the child’s
cultural needs.
- The social worker complies with the requirements
in the CA Practices and Procedures Guide, chapter 4000, section
4421, for contact with the child and foster care provider and for monitoring
the child’s health and safety.
- When
a child is eligible for membership in an Indian Tribe or First Nations,
the social worker seeks to secure tribal membership for the child at the
earliest possible time following placement.
D. Dependency Guardianship
When the social worker believes that a dependency guardianship is the most
appropriate legal permanent plan for a Canadian First Nations or Recognized
Indian Child, and the juvenile court appoints a dependency guardian for the
child, the social worker:
- Assists the child and the dependency
guardian in adjusting emotionally and psychologically to the dependency
guardianship.
- Offers
other foster care support and services as may be appropriate.
- CA
does not require that the social worker regularly monitor the placement
in the dependency guardian's home unless supervision is necessary or appropriate
under the circumstances of a particular case and as provided in the order
appointing the dependency guardian.
E. Parental Rights Terminated
- When an Canadian First Nations or
Recognized Indian Child is in foster care following termination of parental
rights, the social worker develops a plan for the child's care, custody
and control consistent with:
- The best interests of the child;
- Any special needs of the child; and
- The culture and customs of the child's
Indian community.
- The
social worker develops the plan with direct collaboration of:
- The child, if of sufficient age;
- Members of the child's extended family,
when possible and appropriate;
- The child's Tribe or LICWAC, if the
child's Tribe is unavailable. See Chapter 10 regarding LICWAC procedures.
- The
principal focus of the plan is to identify the most suitable permanent living
arrangement for the child. Unless the social worker, in consultation with
the child’s Tribe or the LICWAC, if the child’s Tribe is unavailable,
identifies and documents compelling reasons to the contrary, the social worker
must search for an appropriate adoptive placement.
- 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 safe and appropriate.
- If the social worker has not identified
an appropriate adoptive placement, and the child’s parents’ rights
were terminated through voluntary relinquishment, the plan explores whether,
despite the termination, return of the child to the parent(s) custody is
a suitable living arrangement for the child.
- If the child's return to parental
custody is safe and appropriate, the plan explores the remedial and
rehabilitative services available to assist in return of custody of the
child to the parent(s).
- The social worker provides the identified
services to the parents with the goal of returning the child to parental
custody.
- When 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 provider as required in
this section.
- The
social worker provides the foster care provider with information on the
child's background and special needs, if any.
- The social worker assists the child
and the birth parents to adjust emotionally and psychologically to the
termination of parental rights. The social worker assists the child to adjust
emotionally and psychologically to the placement.
- The social worker provides the child and foster
care provider with help in resolving socio-psychological problems related
to placement. The social worker informs the foster care provider and the
child, if of sufficient age, of available services.
- When necessary, the social worker
instructs or arranges for instruction of the foster care provider in:
- Foster parenting skills;
- How to best meet the child's special
needs;.
- How to best assist the child's adjustment
to foster care;
- How to prepare the child for adoptive
placement;
- How to meet the child’s cultural
needs.
- The social worker complies with the requirements
in the CA Practices and Procedures Guide, chapter 4000, section
4421, for contact with the child and foster care provider and for monitoring
the child’s health and safety.
- When
a child is eligible for membership in an Indian Tribe or First Nations,
the social worker seeks to secure tribal membership for the child at the
earliest possible time following placement.
For adoption of an Indian child, the social worker must comply, as applicable,
with the requirements of:
- The CA Case Services Policy Manual,
chapter 5000, section 5800; chapter 8000, section 8300; and chapter 9000.
- The CA Practices and Procedures Guide,
chapter 4000, sections 4330, 4535, and 4540; and chapter 5000, sections
5300 and 5700.
- For Canadian First Nations and Recognized
Indian Children, the requirements of section 11.402.
- For Canadian First Nations and Recognized
Indian Children, the requirements of the federal Adoption and Safe
Families Act (ASFA), [42 USC 629 – 629b and 42 USC 671a].
See the CA Practices and Procedures Guide, chapter 4000, section
42673, for requirements relating to these children.
11.451 Indian Status of Adoptive Families
- The social worker requests that all adoptive
applicants complete a copy of Verification of American Indian Status,
DSHS 15-128(X). If an applicant indicates the applicant is Indian, the
social worker requests that applicant provide documentation, as defined below.
- The social worker considers an adoptive
family to be Indian if at least one of the parents is:
- A
member of a federally recognized Indian Tribe, including Eskimo, Aleut,
or Other Alaskan Native. See Chapter 12 for a list of federally recognized
Indian Tribes in the United States; or
- A
member of a treaty First Nation, Tribe, Metis community, or a non-status
Indian community from Canada; or
- Considered
Indian by a federally or non-federally recognized Tribe or off-reservation
Indian Alaska Native community organization.
- If an applicant claiming Indian status is
unable to provide documentation that the applicant meets the criteria above,
the social worker consults, to assess suitability of the applicant to be
an adoptive parent for a specific child, with:
- A representative of the Indian child's
Tribe, if the social worker is considering the applicant as an adoptive
placement for a specifically identified Indian child; or
- The
LICWAC, if the child's Tribe is unavailable. See Chapter 10 regarding
LICWAC procedures.
- If the family is native but not in touch
with the family’s tribal culture, the social worker will arrange
for training to meet the cultural needs of the child.
- The child's social worker follows the procedures
in sections 11.401 through 11.407 in the selection of a foster care placement
for the child.
- As part of the total evaluation in approving
any foster parent adoption of a Canadian First Nations or Recognized Indian
Child, the social worker:
- Follows
the procedures in sections 11.40 through 11.405 in the selection of
a foster care placement for the child.
- Documents
in the case record the foster family's past performance and future
commitment to exposing the child to the child’s Indian tribal and
cultural heritage.
- Documents
the child's wishes regarding involvement in the child’s Indian
culture.
- Documents
the tribal affiliation, if any, of the foster parents and the extent
to which the parents are active in tribal and Indian cultural activities.
- Documents
whether the foster family is within the placement preference categories
set forth in section 11.402.
- Documents
that the social worker has followed the procedures regarding tribal
or LICWAC review and approval of placement, as set forth in section 11.457.
- Communicates with social workers for
other children placed in the home for foster care or adoption as part
of the home assessment.
- CA may not consider the foster care placement
an adoptive placement until the child’s Tribe has approved the plan
of adoption by the foster family.
For Canadian First Nations and Recognized Indian Children, it is imperative
that CA social workers exert active and diligent efforts to
immediately place such 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 of a Canadian
First Nations or Recognized Indian Child, 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
families of similar Indian heritage.
- Other
Indian families.
- For purposes of applying the above preference,
CA considers a family an "Indian family" if at least one of the
prospective adoptive parents is:
- A
member of a federally recognized Indian Tribe, including Eskimo, Aleut,
or other Alaska Native. See chapter 12 for a list of federally recognized
Indian Tribes in the United States;
- A
member of a treaty, First Nations, Tribe, Metis community, or a non-status
Indian community from Canada; or
- Considered
Indian by a federally or non-federally recognized Tribe or off-reservation
Indian/Alaska Native community organization.
- When applying the above placement preference,
the social worker:
- Uses
the social and cultural standards prevailing in the child's tribal
or Indian community; and
- Gives
priority to suitable adoptive families within a tribal or Indian community,
with families within the child's tribal or Indian community having
the first preference.
- When applying the preferences, the social
worker, whenever possible:
- Places
the child with a suitable adoptive family that lives in the child's
tribal or Indian community.
- Places
the child in a manner assuring maximum opportunity for the child to
maintain and nourish a relationship with the child’s Tribe.
- When
more than one sibling is to be placed, places siblings together or
in close proximity, unless the placement would cause serious physical
or emotional harm to one or more of the children.
- Places the child in a manner assuring
maximum opportunity for maintenance of a sibling relationship.
- The social worker does not place the child
outside the preference categories, except as provided in section 11.457.
- In exploring the suitability of families
within the preference categories, the social worker informs families about
the Adoption Support Program and the eligibility requirements for the program.
- The social worker encourages and assists
families to apply for Adoption Support. Only the Adoption Support program
manager may determine eligibility for the program.
- The social worker uses the social services
program of the child's Tribe as the primary resource to help identify and
evaluate the suitability of possible preference order placements.
- The social worker makes a written adoption
placement referral to the social services program of the child's Tribe.
The referral includes the information required in chapter 08, section 08.15.
- If the social services program of the child's
Tribe does not want to be involved in the adoptive placement, the social
worker documents the placement referral and tribal response in the ICW section
of the service record and proceeds with the adoptive placement in accordance
with sections 11.457, 11.458, and 11.459.
- If the social services program of
the child’s Tribe does not respond within 30 days following receipt
of an adoption placement referral, the social worker must:
- Follow up by telephone with the social
services program; and
- Document the name, address, and telephone
number of the person at the tribal social services program with
whom the social worker speaks and the results of the conversation
in the ICW section of the case file.
- If the social worker still receives
no response from the tribal social services program, the worker sends
another adoption placement referral by certified mail, return receipt
requested. This referral must include an explanation of the need to proceed
with an adoptive placement and that CA will identify a placement through
another source if CA receives no response within 30 days.
- The social worker consults with LICWAC
if the Tribe's social services program does not become involved in
adoptive placement planning. See Chapter 10 regarding LICWAC procedures.
- If the child's Tribe decides to undertake
the task of identifying a placement and does not find a suitable placement
for the child within 90 days, the social worker, in consultation with the
Tribe, finds a suitable placement.
- On request, the social worker assists the
child's Tribe to identify a suitable adoptive placement for the child.
- The social worker conducts a diligent
search for a suitable placement within the order of preference
before considering a non-preferred placement when the child's Tribe:
- Notifies the social worker that it will not undertake
identification of an adoptive placement; or
- Has been unable to identify a suitable
placement for the child; or
- Has not responded to an adoption placement
referral.
- In conducting a diligent search for
placement, the social worker follows the requirements of Chapter 08, section
08.25.
- As part of a diligent search for
placement, the social worker also provides written notification to the
child's extended family as required in chapter 07, section 7.20 and section
11.403.
- The social worker does not make
an adoptive placement of a Canadian First Nations or Recognized Indian Child
prior to consultation with the social services program of the child's Tribe.
- If the child's Tribe is not available for
consultation, the social worker staffs the case with the LICWAC. See
Chapter 10 for LICWAC procedures.
- The social worker may place a Canadian First
Nations or Recognized Indian Child outside of the preference categories
found in this chapter when one or a combination of the following exists:
- The
child's Tribe or LICWAC, if the Tribe is unavailable, concurs that
the child's best interests require placement with a non-Indian family
or other placement not within the categories.
- The
child has extraordinary physical or emotional needs, and the social
worker cannot find a placement within the categories that can meet the
child’s
needs.
- The
social worker has completed and documented a diligent search for
a placement within the preference categories, and 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.
11.458 Parental and
Child Adoption Placement Preferences
The social worker follows the requirements of chapter 08, section 08.35,
in considering parental or child placement preferences regarding placement
of a Canadian First Nations or Recognized Indian Child.
11.459 Documentation of Selection of an Adoptive Placement
- When the social worker, in accordance with
regional procedures, selects an adoptive placement, the social worker documents
in the ICW section of the child's service record:
- Efforts made to comply with the placement
preferences.
- The bases for the adoptive placement decision.
- If siblings are not placed together,
the reasons justifying separation of the siblings and the steps taken
to maintain the sibling relationship following placement.
- The social worker documents in the ICW section
of the service record the homes contacted in the course of compliance efforts,
including the names and addresses of extended family members and of tribally
approved homes contacted.
- The social worker provides services following
placement, as required below, when the worker places a Canadian First Nations
or Recognized Indian Child for adoption. In providing services, the social
worker consults with the social services program of the child's Tribe. If
the child's Tribe is unavailable, the social worker consults with LICWAC.
- When CA places an Indian child eligible
for membership in an Indian Tribe or First Nations for adoption, the social
worker must make and document active efforts to secure
membership for the child prior to entry of a final decree of adoption.
- When CA places a Canadian First Nations
or Recognized Indian Child for adoption, until entry of a final decree
of adoption, the social worker regularly evaluates the overall suitability
of the placement and monitors the placement as required in the CA Practices and Procedures
Guide.
- The social worker assists the child and
the prospective adoptive parents and, in the case of a voluntary consent
to adoption, the birth parents to adjust emotionally and psychologically
to the adoptive placement.
- The social worker provides the prospective
adoptive parents with information on the background and special needs,
if any, of the child. The social worker must gather information and share
it with the adoptive parents in accordance with:
- The CA Case Services Policy Manual,
chapter 4000, section 45403, and chapter 5000, section 5840; and
- The CA Practices and Procedures
Guide, chapter 5000, section 5361.
- The social worker instructs or arranges
for instruction of the prospective adoptive parents in:
- How to best meet the child's special
needs;
- How
to best assist the child's adjustment to the adoptive placement;and
- How to meet the cultural needs of
the child.
- The social worker provides training to the
prospective adoptive parents in inter-cultural or special needs parenting
skills when an Indian child is the first child of the prospective adoptive
parents.
- When CA or a licensed or certified child
care agency has permanent custody of an Indian child following termination
of parental rights, the social worker consults with the child's Tribe in
decisions about whether the agency should consent to the child's adoption.
The social worker requests that the Tribe provide the recommendation in writing.
- If the child's Tribe is unavailable, the
social worker consults with LICWAC. See Chapter 10 for LICWAC procedures.
- Prior to the entry of a final decree of
adoption, the social worker provides the child's Tribe with a copy of the
Canadian or Recognized Indian Child 's original birth certificate.
- If the child's Tribe 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 proceedings 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.
- The parent(s) of a Canadian First Nations
or Unenrollable Indian Child may withdraw the parent’s consent to
relinquishment /termination or adoption at any time before entry of an
order terminating parental rights.
- If a parent withdraws a voluntary consent
prior to entry of a termination order, the social worker follows the requirements
of section 11.305.
|
Back to Manuals page