DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Children's Administration)

((Neither)) The licensing of Indian foster homes ((nor the)) and placement and supervision of Indian children within the ((exterior)) boundaries of an Indian reservation((, shall)) must not in any way abridge the sovereignty of an Indian nation or tribe ((nor shall)). Compliance with these rules and regulations ((be deemed a relinquishment of)) does not relinquish the sovereign authority ((by)) of an Indian nation or tribe or ((by)) the state of Washington.

Documented efforts ((shall)) must be made to avoid separating the Indian child from his or her parents, relatives, tribe or cultural heritage. Consequently:

(1) When a family identifies Indian ancestry under the federal and state Indian child welfare acts, the children's administration (CA) caseworker has fifteen calendar days, or ten business days, from the date of identification to complete a family ancestry chart and begin the membership inquiry process. A copy of the family ancestry chart will be retained in the child's most current case file volume.

(2) CA staff will contact all identified federally recognized tribes in the case of Indian children being placed in foster care by the department or for whom the department has supervisory responsibility((, the local Indian child welfare advisory committee, predesignated by a tribal council, or appropriate urban Indian organization shall be contacted. Members of that committee will serve as resource persons for the purposes of cooperative planning and aid in placement)).

(((2))) (3) If requested by a federally recognized tribe, or if a federally recognized tribe is unavailable the local Indian child welfare advisory committees (LICWAC) as defined under WAC 388-70-600 will serve as resource persons for the purposes of cooperative planning and aid in placement.

(4) The resources of the tribal government, ((department and)) the Indian community, and the department ((shall)) must be used to locate the child's parents and relatives to assist in locating possible placement resources, and to assist in the development of a plan to overcome the problem that brought the child to the attention of the authorities, ((and/))or the department, or both the authorities and the department.

(((3))) (5) In planning foster care placements for Indian children, ((demonstrable consideration shall be given to tribal membership, tribal culture and Indian religions)) CA will follow the federal and state Indian child welfare acts with regard to placement preference. The case record ((shall)) must document the reasons and circumstances of casework decisions and consideration in those regards.

(((4))) (6) ((The following resources for foster home placement of Indian children will be explored and followed in the following order: Relatives' homes, homes of other Indian families of same tribe, other Indian foster parents and non-Indian foster homes specifically recruited and trained in cooperation with the local Indian child welfare advisory committee to meet the special needs of Indian foster children and in the geographic proximity that will insure continuation of the parent-child relationship. The training of non-Indian foster parents shall be designed and delivered in cooperation with the above committee and/or persons designated by the committee.

(6) The ESSO shall develop its social resources and staff training programs designed to meet the special needs of Indian children through coordination with tribal, Indian health service, bureau of Indian affairs social service staff, appropriate urban Indian and Alaskan native consultants, national, state and local Indian welfare organizations and ESSO child welfare advisory committees.)) CA, in partnership with federally recognized tribes and CA contracted agencies, will develop training for staff and caregivers designed to meet the needs of Indian children and their families. CA may also partner with urban Indian organizations, CA LICWACs, national, state and local Indian child welfare organizations, and Native American/Alaskan Native consultants.

(7) The ((ESSO shall)) CA must make diligent and ((demonstrable)) ongoing efforts to recruit facilities and/or homes particularly capable of meeting the ((special)) needs of Indian children ((with the assistance of the local Indian child welfare advisory committees)).

When an Indian child in ((foster)) the care and custody of the department dies, is seriously injured, abandoned or incarcerated, in addition to other appropriate notifications, the department ((shall promptly advise the ESSO Indian child welfare advisory committee and appropriate tribal council. WAC 388-15-131(4) provides for notification about child abuse/neglect incidents)) must notify the federally recognized tribe or tribes within twenty-four hours.

(1) ((Definitions: For the purposes of these rules the term "Indian" includes the following groups:

(c) Unenrolled Indian: A person considered to be an Indian by a federally or nonfederally recognized tribe or urban Indian/Alaskan native community organization.)) In planning adoptive or pre-adoptive placements for Indian children under WAC 388-70-091, CA will follow the federal and state Indian child welfare acts with regard to placement preference.

(2) ((An adoptive family shall be considered Indian if one or both parents are Indian by the above definitions.)) An adoptive family must be considered Indian if one or both parents is:

(3) In adoptive planning for Indian children, the unique ((tribal, cultural and religious sovereignty of Indian nations,)) cultural, religious, and sovereignty of federally recognized tribes and communities ((shall)) must be recognized. ((When consistent with the wishes of the biological parents and/or the child,)) The adoption of Indian children by Indian families is the primary goal.

(4) ((Standards implementing the policy are:

(b) Foster parent adoptions: As a part of the total evaluation for approving a foster parent adoption of an Indian child, ESSO service staff shall document the foster family's past performance and future commitment in exposing the child to its Indian tribal and cultural heritage. The child's wish to be involved in his Indian culture shall be considered.)) As a part of the total evaluation for approving a foster parent adoption of an Indian child, CA staff will document the foster family's past performance and future commitment in exposing the child to their Indian heritage.

(((c))) (5) When an Indian child, in the custody of an out-of-state agency, is referred for potential adoptive parents residing in Washington, ((documentation shall be obtained that assures the department's standards for planning for Indian children have been complied with.)) CA will follow the interstate compact and placement of Indian children policy of Washington state.

(((5))) (8) ((Local)) CA staff ((shall)) may consult with ((an)) a local Indian child welfare advisory committee in planning for adoptive placement of Indian children when a federally recognized tribe has chosen not to be involved.

The intent of WAC ((388-70-096)) 388-70-091, 388-70-092, 388-70-093, 388-70-095, 388-70-450, and 388-70-600 through 388-70-640 ((is)) are to ensure protection of the Indian identity of Indian children, their rights as Indian children, and the maximum utilization of available Indian resources for Indian children. To ensure the realization of this intent, information about each current and future case involving Indian children for whom the department of social and health services has a responsibility ((shall)) must be referred to a local Indian child welfare advisory committee on an ongoing basis when a federally recognized tribe has not responded, is unavailable, or requests LICWAC involvement according to procedures which recognize the privacy rights of the families.

The purposes of local Indian child welfare advisory committees are:

(1) To promote ((relevant)) social service planning for Indian children.

(2) To encourage the preservation of the Indian family, tribe, heritage, and identity of each Indian child served by the department of social and health services.

(3) To assist in obtaining participation by representatives of tribal governments and Indian organizations in departmental planning for Indian children for whom the department has a responsibility.

Local Indian child welfare advisory committees ((shall)) must be established within each region. The number and locations of the local committees ((shall)) must be mutually determined by the Indian tribal governments and urban Indian organizations served by that region and the DSHS regional administrator.

(1) The committee ((shall)) must consist of representatives designated by tribal government and urban Indian organizations. The regional administrator ((shall)) must appoint committee members from among those individuals designated by Indian authorities. These members should be familiar with and knowledgeable about the needs of children in general as well as the particular needs of Indian children residing in the service area.

(2) The committee may also include bureau of Indian affairs staff, ((and/or)) Indian health service staff ((if approved by participating tribal councils and urban Indian organizations)), and other community members.

(3) The ((DSHS)) CA regional administrator ((and/or the ESSO administrator shall)) must appoint a member of his or her child welfare ((supervisory)) staff as a liaison member of the committee.

(4) The local Indian child welfare advisory committee is an ad hoc advisory committee not specifically authorized by statute. As such its members are not entitled to per diem and travel expenses for the performance of advisory committee functions. ((This rule shall not be construed, however, to prohibit expense payments to members who are otherwise qualified for and perform services compensable under other programs such as the volunteer programs.))

(((1))) The functions of the local Indian child welfare advisory committee are to:

(((a))) (1) ((Assistance to)) Assist DSHS staff in cooperative planning for Indian children.

(((f))) (4) Make requests to the ((ESSO)) CA administrator to initiate reviews of casework decisions that the committee believes to be detrimental to the best interests of Indian children.

Each committee and the ((regional administrator and/or ESSO administrator)) CA local Indian child welfare advisory committee staff liaison will mutually agree as to time, place and frequency and conduct of official committee meetings.

The members of the local Indian child welfare advisory committee ((shall)) must agree to abide by RCW 74.04.060 and the rules of confidentiality binding the DSHS staff.