Children's Administration, Department of Social and Health Services
Children's Administration, Department of Social and Health Services
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Indian Child Welfare Manual

11.01 INTRODUCTION

  1. 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.
  2. 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.
  3. 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.

11.05 DEFINITIONS

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.

11.10 VERIFICATION OF CHILD'S INDIAN STATUS

11.101 Inquiry Into Child's Indian Status

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.

11.102 Verification of Child's Canadian First Nations Or Recognized Indian Status

The social worker follows the requirements of Chapter 03, section 03.30, regarding verification of a child's Indian status.

11.103 Determination of Canadian First Nations Or Recognized Indian Status

  1. Canadian Children
    1. 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.
    2. CA considers a Canadian child to be an Indian Child if any of the following circumstances exist:
    3. The child is listed as a status Indian on the Canadian Federal Indian Register.
    4. 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.
    5. 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.
    6. An off-reservation Indian/Alaska native community organization verifies that the organization considers the child to be Indian.
  2. Other Children
  3. 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:

    1. Provides notification to each of the Tribes or communities; and
    2. 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."

11.104 When The Child May Be Considered Non-Indian

  1. 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.
  2. 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.
  3. 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:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
  4. 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.
  5. 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.

11.15 GUIDELINES REGARDING DISCLOSURE OF CONFIDENTIAL RECORDS/INFORMATION

The guidelines in chapter 04 apply to the disclosure of confidential records/information pertaining to Canadian First Nations or Recognized Indian Children.

11.20 CASEWORK SERVICES PRIOR TO SUPERIOR COURT INVOLVEMENT

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.

11.202 Indian Interpreter - CPS Cases

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.

11.203 Services for Indian Families Prior to Court Action

  1. 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:
    1. 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).
    2. The social worker actively provides services of a remedial nature designed to rehabilitate and prevent the breakup of the family.
    3. 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.

11.205 Child Protective Team Staffing

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.

11.206 Implementation of the Service Plan

The social worker's implementation of the plan stresses using and involving, where available, community services and resources specifically for Indian families. These include:

  1. Extended family.
  2. Tribal social services and other programs.
  3. Indian organization programs. See chapter 14 for the definition of "Indian organization."
  4. Traditional Indian therapy administered by traditional practitioners, when appropriate.
  5. Individual Indian caregivers having skills to help the family.

11.25 JURISDICTIONAL/TRIBAL INTERVENTION

11.251 Jurisdiction

  1. 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.
  2. 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.

11.252 Tribal Intervention In State Court Proceedings

  1. 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.
  2. The social worker does not oppose a request for intervention filed by:
    1. A Canadian First Nations, Metis, or non-status Indian community in which the child is a member or eligible for membership; or
    2. A non-federally recognized Tribe in which the child is a member or eligible for membership; or
    3. A federally recognized Tribe when the child is not eligible for membership in the Tribe.

11.30 VOLUNTARY CONSENTS

11.301 Voluntary Consent to Foster Care Placement/ Relinquishment/Termination or Adoption

  1. 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:
    1. CA Case Services Policy Manual, chapter 3000, section 3240; and
    2. CA Practices and Procedures Guide, chapter 4000, section 4306.
  2. 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.
  3. When a parent seeks to execute a voluntary consent to foster care placement/relinquishment/termination of parental rights or adoption, the social worker:
    1. Informs the parent of:
      1. Placement preference requirements: and
      2. Requirements for notification of the child's Tribe and extended family members.
    2. 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."
    3. 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.
  4. Prior to accepting a voluntary consent to placement, the social worker:
    1. Encourages the parent to contact the child's Tribe regarding available services to:
      1. Assist the parent to retain custody of the child;
      2. Maintain the parent-child relationship during any foster care placement; and
      3. Further the child's family and tribal relationship.
    2. 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.
    3. 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.

11.302 Explanation of Consent Form

  1. If an attorney represents the parent, the social worker refers the parent to the attorney for explanation of the consequences of signing a consent
  2. 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.
  3. 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.
  4. The social worker requires the parent to read the consent form prior to obtaining the parent's signature on the form.
    1. 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.
    2. 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.
  5. After obtaining the parent's signature on the form, the social worker gives the parent a copy of the signed consent form.

11.303 Court Proceedings - Voluntary Relinquishment/Termination

  1. 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:
    1. 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.
    2. Completes and files with the court a Declaration of Adoption Facilitator, DSHS 09-765.
  2. 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.
  3. If the child's Tribe requests to intervene in the proceeding under Civil Rule 24, the social worker does not oppose intervention.

11.304 Placement/Post-Placement Activities

  1. The social worker follows the requirements of section 11.403 regarding notice to the child's extended family.
  2. The social worker follows the placement preference requirements in section 11.402.
  3. 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.

11.305 Withdrawal of Consent to Foster Care Placement/ Relinquishment/Termination or Adoption

  1. 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:
    1. A court order for foster care placement was previously entered and the order remains in full force and effect; or
    2. Return of custody would likely cause an emergency resulting in imminent physical harm to the child; and
    3. A law enforcement pickup has been initiated or a shelter care/pickup order has been entered. See section 11.352 regarding shelter care placement.
  2. 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:
    1. Helping the child adjust emotionally and psychologically to the change in placement;
    2. Helping the parent(s) understand and effectively meet the child's needs;
    3. Providing or arranging for appropriate social services.
    4. Helping the foster/pre-adoptive family or placement facility assist the child to make a successful transition back to parental custody.

11.306 Changing Voluntary Into Involuntary Placement

  1. 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.
  2. 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.

11.35 INVOLUNTARY PROCEEDINGS

11.351 Preconditions for Filing a Dependency, Guardianship or Involuntary Termination Petition

  1. Except in emergency situations, the social worker follows the requirements below before filing a dependency, guardianship, or involuntary termination petition in juvenile court:
    1. 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.
    2. Consults with the social services program of the child's Tribe for purposes of service/placement resource identification and case plan development.
    3. 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.
  2. 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:
    1. Community or family poverty.
    2. Crowded or inadequate housing or homelessness.
    3. 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.

11.352 Shelter Care Placement

  1. 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.
    1. 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.
    2. 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.
    3. 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.
  2. Following placement, the social worker:
    1. Makes active efforts to return the child home.
    2. Takes necessary steps to ensure that when the shelter care placement ends, the placement is no longer necessary to prevent harm to the child.
    3. Immediately returns the child to the child’s parent(s) or legal custodian when the legal authority for the placement ends.
  3. 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.
  4. 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:
    1. Identify placement;
    2. Develop a case plan; and
    3. Determine the availability of appropriate services including Tribal social services, Indian organization programs, and traditional Indian therapy.
  5. The social worker staffs the case with LICWAC if the child's Tribe is unavailable. See Chapter 10 for LICWAC procedures.
  6. The social worker follows the foster care placement preferences found in section 11.402.
    1. 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.
    2. 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.
  7. 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.

11.353 Dependency

  1. 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.
    1. 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.
    2. 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."
  2. 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.
  3. If the child's Tribe requests to intervene in the proceeding, the social worker does not oppose intervention.
  4. The social worker provides a copy of shelter care and dependency orders, including any order dismissing the proceedings, to the child's parents.
  5. 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.
  6. 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:
    1. The placement preference requirements in section 11.402.
    2. The requirements of section 11.403 regarding notice to the child's extended family.
  7. Before preparing a social study/report to court and/or an ISSP, the social worker, in accordance with the confidentiality requirements of chapter 04:
    1. Consults with the social services program of the child's Tribe:
      1. To identify placement resources;
      2. To develop a case plan; and
      3. To determine the availability of appropriate services, including Tribal social services, Indian organization programs, and traditional Indian therapy appropriate to the child’s needs.
    2. If the child's Tribe is unavailable, staffs the case with LICWAC. See chapter 10 regarding LICWAC.
    3. Includes the recommendations of the child's Tribe and/or LICWAC in the report to court or ISSP.
  8. 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.
  9. 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.

11.354 Child In Need Of Services

  1. 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:
    1. CA Case Services Policy Manual, chapter 5000, sections 5500 and 5600.
    2. The CA Practices and Procedures Guide, chapter 3000.
  2. 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.
  3. The social worker follows the notification procedures below:
    1. 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.
    2. 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:
      1. If the Indian child or the child's parent(s) files the CHINS petition; and
      2. The child's Tribe has not been previously notified of the CHINS proceeding.
  4. In arranging foster care placement for the child, the social worker follows the foster care placement preferences found in section 11.402.

11.355 Dependency Guardianship

  1. 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.
  2. 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.
  3. 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."
  4. 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.
  5. If the child's Tribe requests to intervene in the proceeding, the social worker does not oppose intervention.
  6. 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.
  7. When the court establishes a dependency guardianship, the social worker provides services following placement as required in section 11.409.

11.356 Involuntary Termination of Parental Rights

  1. 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.
  2. 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.
  3. 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."
  4. 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.
  5. If the child's Tribe requests to intervene in the proceeding, the social worker does not oppose intervention.
  6. 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.
  7. Whenever the court involuntarily terminates parental rights, the social worker provides services following the child’s placement as required in section 11.409.

11.40 PLACEMENT ACTIVITIES

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.

11.401 Efforts to Avoid Placement

  1. 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.
  2. 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.

11.402 Placement Preferences - Foster Care

  1. Non-federally recognized Indian children, including Canadian First Nations and Recognized Indian children, are not covered by ICWA.
  2. 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.
  3. 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:
    1. A member of the child's extended family. See chapter 14 for the definition of "extended family."
    2. An Indian foster family of the same Tribe as the child.
    3. Another Indian foster family.
    4. A non-Indian foster home specifically recruited and trained to meet the special needs of Indian foster children.
  4. For purposes of applying the above preferences, an "Indian foster family" means that at least one of the foster parents is:
    1. 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;
    2. A member of a First Nation, treaty Tribe, Metis community, or a non-status Indian community from Canada; or
    3. Considered Indian by a federally or non-federally recognized Tribe or off-reservation Indian organization.
  5. When applying the above placement preferences, the social worker, whenever possible:
    1. Uses the social and cultural standards prevailing in the child's tribal or Indian community;
    2. 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;
    3. 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;
    4. 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
    5. Locate the child where the parent has the opportunity to have regular access to the child without undue economic, physical, or cultural hardship.
  6. 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.
  7. 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.
  8. The social worker does not place the child outside of the above preference categories except as provided in section 11.404.

11.403 Notice To Child's Extended Family

  1. 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:
    1. Placing the child in a non-relative foster care placement pursuant to parental consent, dependency disposition, or termination of parental rights; or
    2. Moving the child from a relative placement to a non-relative foster care placement.
  2. 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).
    1. 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.
    2. 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.
  3. 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.

11.404 Placement Outside Preference Categories

  1. 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:
    1. 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.
    2. The child has extraordinary physical or emotional needs and a placement within the categories cannot be found to meet the child’s needs.
    3. 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.
    4. 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:
      1. In which the child's parent(s) or extended family members reside; or
      2. With which the parent(s) or extended family members maintain social or cultural ties.
    5. The social worker is unable to place the child in accordance with the placement preferences due to emergency circumstances.
  2. 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:
    1. Continues to diligently seek a suitable placement within the preference categories; and
    2. Places the child within the preference categories at the earliest possible time.

11.405 Parental and Child Placement Preferences

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:

  1. 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.
  2. Reasons for not choosing an available home of a higher placement preference than the home of lesser preference chosen for placement.
  3. 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.

11.407 Change of Foster Care Placement

  1. 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.
  2. 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.
  3. 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.

11.408 Thirty-Day Individual Service and Safety Plan/Administrative Review

  1. 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.
  2. Prior to preparing an ISSP, social study, or report to court, the social worker also follows the requirements of section 11.353.
  3. 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.

11.409 Services Following Placement

  1. 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.
  2. Shelter Care
    1. 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).
    2. 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

  1. 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).
  2. The social worker provides remedial and rehabilitative services designed to:
    1. Address and eliminate problems that necessitated the child’s placement; and
    2. Take into account the prevailing social and cultural conditions in the child's Indian community.
  3. 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.
  4. The social worker develops the plan with the direct collaboration of:
    1. The parent/Indian custodian.
    2. The child, if of sufficient age.
    3. Grandparents, when appropriate.
    4. The child's Tribe or the LICWAC, if the child's Tribe is unavailable.
  5. 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.
  6. 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.
  7. The plan stresses the use and involvement, where available, of community services and resources specifically for Indian families. These include:
    1. Extended family members.
    2. Tribal social services.
    3. Tribal organization programs.
    4. Traditional Indian therapy administered by traditional practitioners.
    5. Where available and appropriate, individual Indian caregivers with skills to help the family.
  8. The social worker provides the foster care home or facility with information on the background and special needs, if any, of the child.
  9. The social worker assists the child in adjusting emotionally and psychologically to the foster care placement.
  10. The social worker provides the child and/or the foster care provider with help in resolving emotional and/or behavioral problems related to placement.
  11. The social worker informs the foster care provider and the child, if of sufficient age, of available services and facilitates referrals to those services.
  12. Where necessary, the social worker instructs or arranges for instruction of the foster care home or facility provider in:
    1. Foster parenting skills;
    2. How to best meet the child's special needs;
    3. How to best assist the child's adjustment to foster care;
    4. How to best meet the child’s cultural needs.
  13. 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.
  14. 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:

  1. Assists the child and the dependency guardian in adjusting emotionally and psychologically to the dependency guardianship.
  2. Offers other foster care support and services as may be appropriate.
  3. 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

  1. 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:
    1. The best interests of the child;
    2. Any special needs of the child; and
    3. The culture and customs of the child's Indian community.
  2. The social worker develops the plan with direct collaboration of:
    1. The child, if of sufficient age;
    2. Members of the child's extended family, when possible and appropriate;
    3. The child's Tribe or LICWAC, if the child's Tribe is unavailable. See Chapter 10 regarding LICWAC procedures.
  3. 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.
  4. 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.
  5. 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.
    1. 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).
    2. The social worker provides the identified services to the parents with the goal of returning the child to parental custody.
    3. When appropriate or necessary, the social worker obtains a court order vacating the termination of parental rights.
    4. 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.
  6. The social worker provides the foster care provider with information on the child's background and special needs, if any.
  7. 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.
  8. 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.
  9. When necessary, the social worker instructs or arranges for instruction of the foster care provider in:
    1. Foster parenting skills;
    2. How to best meet the child's special needs;.
    3. How to best assist the child's adjustment to foster care;
    4. How to prepare the child for adoptive placement;
    5. How to meet the child’s cultural needs.
  10. 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.
  11. 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.

11.45 ADOPTION

For adoption of an Indian child, the social worker must comply, as applicable, with the requirements of:

  1. The CA Case Services Policy Manual, chapter 5000, section 5800; chapter 8000, section 8300; and chapter 9000.
  2. The CA Practices and Procedures Guide, chapter 4000, sections 4330, 4535, and 4540; and chapter 5000, sections 5300 and 5700.
  3. For Canadian First Nations and Recognized Indian Children, the requirements of section 11.402.
  4. 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

  1. 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.
  2. The social worker considers an adoptive family to be Indian if at least one of the parents is:
    1. 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
    2. A member of a treaty First Nation, Tribe, Metis community, or a non-status Indian community from Canada; or
    3. Considered Indian by a federally or non-federally recognized Tribe or off-reservation Indian Alaska Native community organization.
  3. 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:
    1. 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
    2. The LICWAC, if the child's Tribe is unavailable. See Chapter 10 regarding LICWAC procedures.
  4. 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.

11.452 Foster Parent Adoptions

  1. 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.
  2. As part of the total evaluation in approving any foster parent adoption of a Canadian First Nations or Recognized Indian Child, the social worker:
    1. Follows the procedures in sections 11.40 through 11.405 in the selection of a foster care placement for the child.
    2. 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.
    3. Documents the child's wishes regarding involvement in the child’s Indian culture.
    4. 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.
    5. Documents whether the foster family is within the placement preference categories set forth in section 11.402.
    6. 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.
    7. Communicates with social workers for other children placed in the home for foster care or adoption as part of the home assessment.
  3. 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.

11.453 Placement Preferences - Adoptive Placement

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.

  1. 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:
    1. A member of the child's extended family. See chapter 14 for the definition of "extended family."
    2. Other members of the child's Tribe.
    3. Other families of similar Indian heritage.
    4. Other Indian families.
  2. For purposes of applying the above preference, CA considers a family an "Indian family" if at least one of the prospective adoptive parents is:
    1. 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;
    2. A member of a treaty, First Nations, Tribe, Metis community, or a non-status Indian community from Canada; or
    3. Considered Indian by a federally or non-federally recognized Tribe or off-reservation Indian/Alaska Native community organization.
  3. When applying the above placement preference, the social worker:
    1. Uses the social and cultural standards prevailing in the child's tribal or Indian community; and
    2. 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.
  4. When applying the preferences, the social worker, whenever possible:
    1. Places the child with a suitable adoptive family that lives in the child's tribal or Indian community.
    2. Places the child in a manner assuring maximum opportunity for the child to maintain and nourish a relationship with the child’s Tribe.
    3. 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.
    4. Places the child in a manner assuring maximum opportunity for maintenance of a sibling relationship.
  5. The social worker does not place the child outside the preference categories, except as provided in section 11.457.
  6. 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.
  7. The social worker encourages and assists families to apply for Adoption Support. Only the Adoption Support program manager may determine eligibility for the program.

11.454 Placement by the Social Services Program of the Child's Tribe

  1. 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.
  2. 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.
  3. 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.
    1. 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:
      1. Follow up by telephone with the social services program; and
      2. 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.
    2. 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.
    3. 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.
  4. 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.
  5. On request, the social worker assists the child's Tribe to identify a suitable adoptive placement for the child.

11.455 Direct Placement By CA Or Licensed Child Placing Agency - Diligent Search For Placement

  1. 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:
    1. Notifies the social worker that it will not undertake identification of an adoptive placement; or
    2. Has been unable to identify a suitable placement for the child; or
    3. Has not responded to an adoption placement referral.
  2. In conducting a diligent search for placement, the social worker follows the requirements of Chapter 08, section 08.25.
  3. 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.

11.456 Tribal And LICWAC Consultation

  1. 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.
  2. 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.

11.457 Placement Outside Preference Categories

  1. 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:
    1. 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.
    2. 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.
    3. 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.
    4. 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:
      1. In which the child's parent(s) or extended family members reside; or
      2. 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

  1. 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:
    1. Efforts made to comply with the placement preferences.
    2. The bases for the adoptive placement decision.
    3. If siblings are not placed together, the reasons justifying separation of the siblings and the steps taken to maintain the sibling relationship following placement.
  2. 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.

11.4510 Services Following Placement - Adoptive Placement

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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:
    1. The CA Case Services Policy Manual, chapter 4000, section 45403, and chapter 5000, section 5840; and
    2. The CA Practices and Procedures Guide, chapter 5000, section 5361.
  6. The social worker instructs or arranges for instruction of the prospective adoptive parents in:
    1. How to best meet the child's special needs;
    2. How to best assist the child's adjustment to the adoptive placement;and
    3. How to meet the cultural needs of the child.
  7. 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.

11.4511 Agency Consent To Adoption

  1. 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.
  2. If the child's Tribe is unavailable, the social worker consults with LICWAC. See Chapter 10 for LICWAC procedures.

11.4512 Release Of Birth Record Information To The Child's Tribe

  1. 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.
  2. 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.
  3. 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.

11.4513 Parental Withdrawal of Consent to Relinquishment /Termination or Adoption

  1. 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.
  2. If a parent withdraws a voluntary consent prior to entry of a termination order, the social worker follows the requirements of section 11.305.