DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

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                    Handbook 13: Cross Program Protocols
13-12 Indian Child Welfare Act (ICWA)

 

Cross Program Procedures
13-12 Indian Child Welfare Act (ICWA)
Reference Points
Overview
DFCS Policy
Who Establishes Tribal Recognition
ICWA Definitions
Hearings To Which ICWA Applies
Parents' Statements Regarding Indian Heritage
Noticing Requirements for ICWA
Requesting Confirmation of ICWA Eligibility
When Does ICWA Not Apply
ICWA Placement Preferences
List of Federally Recognized Tribes
Documentation of ICWA Cases
Emergency Response Responsibilities
Assessment Center Responsibilities
Placement Unit Responsibilities
Standards for a Placement under ICWA
Dependent Intake Responsibilities
Service Bureau Social Worker Responsibilities
ICWA Application to Voluntary Placements
ICWA Application to Adoption Proceedings
DFCS ICWA Coordinator
Other References


Reference Points
Effective Date: 4/1/06
Last Updated: 2/11/08
 Legal Basis:
Popup Window Indian Child Welfare Act (Public Law 95-60 8 , November 8, 1978
PDF California Department of Social Services (CDSS) Manual of Policy and Procedures (MMP) Division 31-515, 31-515.131, 31-515.132 and 31-515.3
PDF

All County Information Notice (ACIN) 1-43-04: The Indian Child Welfare Act/Frequently Asked Questions

PDF

ACIN 1-46-98: The Impact on the Indian Child Welfare Act of: Assembly Bill 1544; The Adoption and Safe Families Act of 1997; and the Small Business Job Protection Act of 1996, Section 1808 "Removal of Barriers to Interethnic Adoption"

 Non CWS/CMS Forms:
MS Word

Indian Child Inquiry Attachment (ICWA-10A)

MS Word Transfer Case Summary (SC409)
MS Word Voluntary Placement Agreement Parent/Agency (Indian Child) (SOC 155C)
MS Word Court Report Recommendation #181
MS Word Dependency Initial Hearing Report
 CWS/CMS Forms:
bullet Client Management Section: Client Notebooks


Overview  

In 1978, Congress passed the Indian Child Welfare Act (Public Law 95-60 8 , November 8, 1978), which established a National policy that would:

  • Protect the best interests of Indian children.
  • Promote the stability and security of Indian tribes and families by the establishment of minimum federal standards for the removal of Indian children from their families, and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture.
  • Provide assistance to Indian tribes in the operation of children and family service programs.

The intent of Congress in passing the Indian Child Welfare Act was to protect Indian children from removal from their tribes and to assure that tribes are given the opportunity to raise Indian children in a manner which reflects the unique values of Indian culture. For further information, visit the California Department of Social Services Web site on ICWA.

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DFCS Policy  

It is the policy of DFCS that every child who comes to the attention of the Department be evaluated at intake to determine if he/she is of American Indian/Eskimo heritage. The determination will include statements taken from both maternal and paternal family members regarding American Indian/Eskimo heritage in their family background.

California Department of Social Services (CDSS) Manual Division 31-515.111 instructs that, "To make the determination, the social worker shall ask the child, his parent or custodian whether the child is or may be a member of an Indian tribe, or whether the child identifies himself/herself as a member of a particular Indian organization."

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Who Establishes Tribal Recognition  

No single federal or tribal criterion establishes a person's status as an Indian. Government agencies use differing criteria to determine whether an Indian is eligible to participate in their programs. Each tribe establishes a protocol it uses when determining membership. The person may not need to have an enrollment or registration number. To identify tribal membership, the tribe must be contacted directly. If a tribe recognizes an individual as a member, this determination is final. No further inquiry should be made.  Upon reviewing the determination by the tribe, the Court then determines if ICWA applies.

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ICWA Definitions  

Indian: Any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in 1606 of title 43.

Indian child: Any unmarried person who is under age eighteen and is either a member of a federally recognized Indian tribe or is eligible for membership in a federally recognized Indian tribe and is the biological child of a member of an Indian tribe.

Indian child's tribe: The Indian tribe in which an Indian child is a member or eligible for membership or, in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts.

Indian custodian: Any Indian person who has legal custody of an Indian child under tribal law or custom or under State law or to whom temporary physical care, custody, and control has been transferred by the parent of such child.

Membership in a tribe: Each tribe determines for itself the eligibility criteria for membership, based on percentage of Indian blood. The identified tribe needs to be contacted for confirmation regarding eligibility/membership.

Enrolled member: A person who has an enrollment card or enrollment number. Each tribe sets its own criteria for enrollment.

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Hearings to Which ICWA Applies  

The ICWA applies to four types of Indian child custody proceedings:

  • Foster care placements.
  • Termination of certain parental rights.
  • Pre-adoption placements.
  • Adoption placements.
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Parents' Statements Regarding Indian Ancestry  

Social Workers may have parents complete the Parental Notification of Indian Status (ICWA-020) to verify the parents' statements regarding eligibility for membership in a federally recognized Indian tribe. The form is submitted as an attachment to the court report for filing with the court.

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Noticing Requirements for ICWA  

If there is an indication that the child is of Indian ancestry, the following parties require proper noticing (at least 10 calendar days prior to the Hearing) of juvenile dependency hearings:

  • An Indian child's parents, including adoptive parents
  • Indian custodian, if applicable
  • the Child's tribe
  • The Bureau of Indian Affairs in Sacramento
  • The Department of the Interior in Washington D.C., if the tribe is known

If there is any indication that the child may be of American Indian/Eskimo ancestry, noticing for the hearings that apply must continue, until a Court makes a finding that ICWA does not apply. Further, a copy of the Notice of Child Custody Proceeding for Indian Child (ICWA-030) must be attached to court reports and forwarded to the Court as proof that the tribe was noticed, unless or until the Court makes a finding that ICWA does not apply.

See OPP Chapter 9-3.1: ICWA: Notice of Hearings.

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Requesting Confirmation of ICWA Eligibility   The request for confirmation from the tribe as to whether the child is or is not eligible under ICWA is sent via the Notice of Child Custody Proceeding for Indian Child (ICWA-030).  The ICWA-030 is completed by hand by the social worker, submitted to clerical, and inputted into CWS/CMS by clerical staff.  Upon receiving the Notice of Hearing that a child who may be of American Indian or Eskimo heritage is the subject of a juvenile court action, the tribe makes a determination and returns a letter confirming that the child is or is not eligible under ICWA.  The social worker does not have to send a separate letter to the tribe to request confirmation.
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When Does ICWA Not Apply  

The ICWA does not apply:

  • To families who receive in-home voluntary services. This includes Voluntary Family Maintenance, Informal Supervision and Intensive Family Services.
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ICWA Placement Preferences  

By enacting ICWA's strong placement preferences, which require that Indian children, once removed, be placed in homes that reflect their unique traditional values, Congress was acknowledging that no nation or culture can flourish if its youngest members are removed.

The ICWA requires that when an Indian child is placed in foster care, the child must be placed, with a:

  • Member of the Indian child's extended family (including non-Indian family members).
  • Foster home licensed, approved or specified by the child's tribe.
  • Indian foster home licensed or approved by a non-Indian agency or authority.
  • Institution for children that has the approval of an Indian tribe or an Indian organization with a program suitable to meet the Indian child's needs.

CDSS Child Welfare Services Manual Division 31-515.3 specifies that:

  • All Indian child placements shall be clearly documented on the placement history form in CWS/CMS.
  • Efforts to comply with the placement preference order listed above shall be documented, and any deviations to the order shall be fully explained.
  • The placement history shall be available to the Secretary of the Interior and/or the child's Indian tribe, upon request to the county.

The removal of Indian children from their families and the placement of these children in foster and adoptive home shall be consistent with the prevailing social and cultural standards of the Indian community in which the parent of extended family resides or maintains social and cultural ties.

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List of Federally Recognized Tribes  

The California Department of Social Services (CDSS) maintains a current list of federally recognized tribes, which includes the tribe name, address and phone contact number. Federally recognized Indian tribes have a special legal and political relationship with the United States government as defined by the United States Constitution, Supreme Court decisions, as well as federal treaties and statuses.

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Documentation of ICWA Cases  

Efforts towards compliance with ICWA requirements are documented in the following places:

  • Investigation Narrative (Emergency Response)
  • Declaration of Parent Regarding Indian Ancestry form
  • CWS/CMS Contact Notes
  • 300 Petition
  • Dependency Initial Hearing Report
  • Jurisdictional/Dispositional Court Report
  • Every Status Review Report after the Juris/Dispo Report


CWS/CMS Input
Whenever a social worker learns that a child on his/her caseload is or may be of American Indian/Eskimo heritage, the social worker enters the information:

  • In the Contact Notebook in CWS/CMS .
  • In Client Notebooks (blue button)
    • Procedures for entering the information are different for:
      • Entering ICWA Eligibility Information for a Birth Child of all Legal or Presumed Fathers
        • Information for birth child and all presumed and alleged fathers is entered through the parent's client notebook.
      • Entering ICWA Eligibility Information for an Adopted Child
        • Information for an adopted child is entered through the child's client notebook.
    • The DI SW is also responsible for updating Tribal membership and ICWA eligibility status in CWS/CMS.

  • Placement Section (red button)
    • Under ID tab
      • Type -under which Tribe Specified Home is an option
    • Under Substitute Care Provider
      • Tribe Location
      • Tribe Name
      • Ethnicity
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Emergency Response Responsibilities  

When an Emergency Response (ER) social worker assesses that a child must be placed in temporary custody, if the parents are available, the ER social worker:

  • Asks the parents about American Indian/Eskimo heritage.
  • Completes the Declaration of Parent Regarding Indian Ancestry.
  • Has the parents sign the Declaration form.
  • Delivers the form to the Assessment Center for inclusions in the Intake Packet
  • Verbally informs the Assessment Center social worker that a statement was taken.
  • Documents any statements regarding American Indian/Eskimo heritage in the Investigation Narrative.

If the parents are not available, the ER social worker asks the child, if the child is 10 years or older, if he/she is of American Indian/Eskimo heritage and documents the child's response in the Investigation Narrative.

It is not necessary to show that efforts have been made in emergency situations prior to removal from the home where it is determined that, even with reasonable services being provided, such removal is essential to protect the child from serious physical or emotional damage. If a determination is made that the child is of Indian heritage, efforts must be made to place the child in an Indian home. (CDSS MPP Div. 31-515.131 and .132.)

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Assessment Center Responsibilities  

When a child is brought to the Assessment Center by an ER social worker, the Assessment Center social worker consults with the ER social worker regarding whether American Indian/Eskimo heritage was explored. If the ER social worker has not questioned the family about Indian heritage or if the child is brought to the Assessment Center by law enforcement without social worker involvement, the Assessment Center social worker asks the child, if the child is 10 years of age or older, whether the child knows if they are of American Indian/Eskimo heritage.

If the child indicates that there is Indian heritage, the Assessment Center social worker:

  • Documents the information in both the Investigative Narrative and in the Contact Notebook of CWS/CMS.  
  • Advises the Placement Unit that the child may be of American Indian/Eskimo heritage.
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Placement Unit Responsibilities  

In the case of a child with possible Indian ancestry, the Placement Unit social worker documents in a Contact Note in CWS/CMS efforts to comply with the placement preferences listed below. If the order indicated below is not followed or if the child is not placed in one of the preferred placements, the Placement Unit social worker documents why the child was unable to be placed in a preferred placement. "Good Cause" includes, but is not limited to:

  • The unavailability of a preferred placement, after a diligent search has been conducted.
  • The desire of the Indian parent or the child.
  • The child's special needs for a placement which offers either proximity to a parent or a therapeutic program when no available preferred placement can meet these needs.

The ICWA requires that when an Indian child is placed in foster care, the child must be placed with a:

  • Member of the Indian child's extended family (including non-Indian family members).
  • Foster home licensed or approved by the child's tribe.
  • Indian foster home licensed or approved by a non-Indian agency or authority.
  • Institution for children that has the approval of an Indian tribe.

CDSS Child Welfare Services Manual Division 31-515.3 specifies that:

  • All Indian child placements shall be clearly documented on the placement history in CWS/CMS.
  • Efforts to comply with the placement preference order listed above shall be documented, and any deviations to the order shall be fully explained.
  • The placement history shall be available to the Secretary of the Interior and/or the child's Indian tribe, upon request to the county.
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Standards for a Placement under ICWA  

ICWA authorizes Indian tribes and tribal organizations to establish and operate child and family services programs, including a system for licensing or otherwise regulating Indian foster and adoptive homes. If a tribe chooses to do so, it can establish a process/set standards for licensing/certifying/approving homes for placement of their children. Homes that complete this process and are “approved” by the tribe would be considered a tribally approved home. The “approval” document could be a tribal resolution or some other document that has been approved by the tribe. The California relative/NREFM approval standards required by the Adoption and Safe Families Action and AB 1695 do not apply to tribally approved homes; therefore, the annual reassessment requirement does not apply as well. The only exception to this is the requirement for criminal records checks; counties are required to perform the criminal clearances/exemptions of the relative/NREFM and all other adults in the home whether the home is a tribally approved home or not. The SOC 815
should be used to record the criminal record clearance information.

Some confusion arises about tribally-approved homes and homes that are designated by the tribe as being an appropriate placement that complies with the ICWA placement preferences. Not all tribes want to approve homes or have an approval process.  Social workers need to be aware of these differences between the tribes. As mentioned above, tribally approved
homes should have some form or document that identifies their approved status. Homes, whether relative, NREFM or other, that are not tribally approved must follow the same process/protocols as all other foster homes—obtain a license or comply with the relative/NREFM approval process.

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Dependent Intake Responsibilities  

ICWA Inquiry

Upon receiving an Intake assignment, the Dependent Intake (DI) social worker reviews the Intake packet to determine whether the ER, Assessment Center or EI social worker was able to take statements from the parents regarding American Indian/Eskimo heritage. If a statement was not taken regarding both maternal and paternal sides of the family, or if a statement was taken only from the child, the DI social worker:

  • Asks both parents about American Indian/Eskimo heritage.
  • Completes the Declaration of Parent Regarding Indian Ancestry.
  • Has the parents sign the Declaration form.
  • Documents any statements regarding American Indian/Eskimo heritage in a Contact Note in CWS/CMS.

If a determination is made that the child is of Indian heritage, the DI social worker must document efforts made to provide services and referrals to programs focused on resolving the issues that brought the family to the attention of the child welfare system and preventing the breakup of the Indian family. (CDSS MPP Division 31-515.13)

Entering ICWA Eligibility in CWS/CMS

If the DI social worker learns that a child is or may be eligible for benefits and services under ICWA, the DI social worker must enter the ICWA eligibility information into CWS/CMS for the child under that child's client notebook.  Procedures for entering the information are different for:

  • Entering ICWA Eligibility Information for a Birth Child of all Legal and Presumed Fathers
  • Entering ICWA Eligibility Information for an Adopted Child

The DI SW is also responsible for updating Tribal membership and ICWA eligibility status in CWS/CMS.

Petition

The social worker completes the Indian Child Inquiry Attachment (ICWA-10A) to verify that the parents were asked about Indian ancestry.  The form is submitted with the 300 Petition Worksheet for attachment to the 300 Petition.

Noticing

If there is an indication that there may be American Indian/Eskimo heritage in the child's background, and the DI social worker is filing a WIC § 300 Petition, the DI social worker is responsible for submitting all information to clerical for inputting into CWS/CMS, generating the ICWA-030 noticing form, and mailing the form. The DI social worker is responsible for completing the form and submitting it to clerical 15 calendar days prior to the hearing date. See ICWA: Notice for Hearings.

Dependency Initial Hearing/Detention Report

In completing the Dependency Initial Hearing Report, the DI social worker:

  • Completes the Indian Child Inquiry Attachment (ICWA-10A).
  • Indicates the child's ICWA status int eh Initial Hearing Report.
  • Indicates under Court Findings and Orders whether Notice pursuant to ICWA is or is not required (Finding #11).
  • Attaches to the Detention Report packet:
    • A copy of the ICWA-010
    • A copy of the ICWA-030.
    • Any original green returned certified mail receipts.
      • Make a copy of the green returned certified mail receipts for the case file.

The social worker advises County Counsel , 491-4200, of any case in which American Indian/Eskimo ancestry determination is pending or established.

Initial Petition Hearing

At the Initial Petition Hearing, if the Court makes the finding that no further ICWA notice is required, the social worker does not need to take further action, unless contrary information surfaces.

If, after the initial petition is filed with the court, a determination is made that a child is or may be an Indian child as defined by the ICWA, the social worker files an amended petition notifying the court of this determination.

Jurisdictional/Dispositional Report

  • Indian Child Welfare Act Status:
    • In the Jurisdictional/Dispositional Court Report, under the heading Indian Child Welfare Act Status, the social worker addresses the child's ICWA status. In this section, the social worker writes specific statements of:
    • Who the social worker spoke to regarding the child's Indian ancestry.
    • The date(s) upon which the worker spoke to the person(s).
    • What each person said:
      • Include statements from both the maternal and paternal sides of the family.
      • Do not use CWS/CMS default language in the body of the report, regardless of whether or not there is any indication of Indian heritage.
      • Write the information in complete narrative form.  
    • Any other pertinent information on the child's Indian status.  

  • Recommendations:
    • If responses received from the BIA or tribe indicate that the child is not eligible for enrollment in a tribe and a finding was not made at the Initial Petition Hearing, the social worker must make the recommendation in the Jurisdictional/Dispositional Report that the Court find that ICWA does not apply.
    • Under Recommendations, in the Jurisdictional section of the recommendations, the social worker adds the recommendation, "No notice is required pursuant to the Indian Child Welfare Act" or, if notice was necessary and responses indicate that the child is not eligible for enrollment, "The Indian Child Welfare Act does not apply."
    • If responses from the BIA or tribe indicate that there is American Indian/Eskimo heritage, the social worker consults with County Counsel to determine which, if any, paragraphs from REC 181 to use.

  • Attachments:
    • Copies of:
      • Any responses from the BIA and/or tribes.
      • the Noticing form ICWA-030.
      • Green postal return receipts
    • If no response is received within ten calendar days from the BIA, Secretary of the Interior and/or the tribes that were noticed, the social worker calls the BIA at (916) 978-6048 and/or the tribe(s) and requests that information regarding the child by faxed.

Placement Considerations

  • If the social worker is recommending that an Indian child be placed outside of his/her home, the order cannot be made until the party seeking removal establishes by clear and convincing evidence, supported by the testimony of one or more qualified expert witnesses, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child. The social worker consults with County Counsel to present evidence and arrange for testimony by an expert witness.
    • Clear and convincing evidence refers to one of the degrees of belief under the burden of proof that means that there must be a high probability of in the mind of the court that the statement is true. There should be no substantial doubt of the veracity of the statement.
    • A qualified expert witness may be:
      • A member of the child's tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and child rearing practices.
      • A lay expert with substantial experience in the delivery of Indian child and family services and extensive knowledge of prevailing social and cultural standards and child rearing practices of tribes, specifically the child's tribe, if possible.
      • A professional person with substantial education and experience in the area of his or her specialty.
      • A professional person with substantial education and experience working with Indian families and familiar with Indian social and cultural standards, particularly those of the child's tribe.

Minute Orders

In cases where Indian ancestry is confirmed or pending confirmation, upon receiving the Court minute orders from Hearings, the social worker reviews each minute order for one or more of the following findings required for Indian cases:

  • Notice has been provided to all required parties.
  • The child's Indian status and the child's tribal membership.
  • Active efforts and rehabilitative programs have been provided to the family.
  • Clear and convincing evidence of serious emotional or physical damage.
  • Testimony by a qualified expert witness, or evidence that the parent has knowingly, intelligently and voluntarily waived the requirements of the ICWA.
  • The statutory preference order for placement was followed or good cause exists to modify the placement order.

Transferring the Case to a Service Bureau

In the Transfer Case Summary (SC409), the social worker discusses what has already been completed regarding ICWA and what remains to be completed (i.e. paternity). Write whether or not the Court made the finding that ICWA does not apply and when the finding was made. If the Court has not found that ICWA does not apply, Notice is required at each Status Review Hearing, until the Court orders that no further noticing is required or that ICWA does not apply.

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Service Bureau Social Worker Responsibilities  

ICWA Inquiry and Notice of Hearing

Upon being assigned a case, the Service Bureau social worker reviews the case file for information regarding ICWA status.  The Service Bureau social worker is responsible for completing by hand the Notice of Child Custody Proceedings for an Indian Child, when required, and submitting the form(s) to clerical at least 20 days prior to the hearing.

 

If... Then...

Previous inquiries by ER, EI or DI social workers found that:

  • The parents and birth family stated they had no American Indian or Alaskan Eskimo heritage

or

  • The tribe(s) and/or the BIA was notified of possible American Indian/Alaskan Eskimo heritage and the Court subsequently made a legal finding that ICWA does not apply
No further action is required, unless the social worker learns through new information that indicates the act may apply.

A response from the tribe(s) and/or the BIA is pending

An ICWA-030 must be sent for each Status Review Hearing to all tribes and/or the BIA until a determination is made by the tribe(s) or BIA and the Court makes a finding regarding ICWA.

See ICWA: Notice for Hearing.

 

An absent parent is located or comes forward
  • Ask the parents about American Indian/Eskimo heritage.
  • Complete the Declaration of Parent Regarding Indian Ancestry.
  • Have the parents sign the Declaration form.
  • Document any statements regarding American Indian/Eskimo heritage in a Contact Note in CWS/CMS.
  • Provide proper noticing (at least 10 calendar days prior to the Hearing), if ICWA does or may apply. See ICWA: Notice for Hearing.

The Continuing social worker

learns through new information that  

the child may be of Indian heritage

See ICWA: Notice for Hearing.

The tribe has determined that a child is a member or is eligible for membership and the Court finds that ICWA applies

Provide the tribe with the standard Notice (SC1423) for each Hearing.

There is a 366.26 Hearing set to terminate parental rights and the Court has previously made a finding that ICWA applies

 

Court Report Recommendations

  • If responses received from the BIA or tribe indicate that there is no American Indian/ Eskimo heritage and a finding was not made at the Initial Petition Hearing, the social worker must make the recommendation in the Court Report that no further ICWA notice is required.
    • Under Recommendations, in the Jurisdictional section of the recommendations, the social worker adds the recommendation, "No notice is required pursuant to the Indian Child Welfare Act."

  • If responses from the BIA or tribe indicate that there is American Indian/Eskimo heritage, the social worker consults with County Counsel to determine which, if any, paragraphs from REC 181 to use.

Minute Orders

In cases where Indian ancestry is confirmed or pending confirmation, upon receiving the Court minute orders from Hearings, the social worker reviews each minute order for one or more of the following findings required for Indian cases:

  • Notice has been provided to all required parties.
  • The child's Indian status and the child's tribal membership.
  • Active efforts and rehabilitative programs have been provided to the family.
  • Clear and convincing evidence of serious emotional or physical damage.
  • Testimony by a qualified expert witness, or evidence that the parent has knowingly, intelligently and voluntarily waived the requirements of the ICWA.
  • The statutory preference order for placement was followed or good cause exists to modify the placement order.
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ICWA Application to Voluntary Placements  

A parent or Indian custodian may voluntarily place an Indian child by signing a Voluntary Placement Agreement Parent/Agency (Indian Child) (SOC 155C).   The social worker consults with County Counsel , 491-4200, to make necessary arrangements to appear before a judge, when a parent of American Indian/Eskimo ancestry agrees to a voluntary placement.

Any agreement to voluntary placement given before or within 10 days after the birth of an Indian child is not valid.

Voluntary agreement to foster care placement can be withdrawn at any time and the child immediately returned to the parent, without another appearance before a judge, unless the child is at risk for abuse or neglect.

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ICWA Application to Adoption Proceedings  

See ICWA Applications under OPP Chapter 8-13: Selection and Implementation (366.26) Hearing.

When an Indian child is placed for adoption, the ICWA requires that (unless there is good cause to do otherwise) the child should be placed with:

  • A member of his or her extended family; or
  • Other members of his or her tribe; or
  • Other Indian families.

One key decision the Court must make is whether written notice was provided to the child's tribe by certified mail, return receipt requested, even if the child's tribe has not been a party to any prior proceedings related to the welfare of the child.

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DFCS ICWA Coordinator  

The DFCS ICWA Coordinator is available to consult with social workers regarding:

  • ICWA Regulations.
  • ICWA Noticing.
  • Correspondence and communications with American Indian Tribes, Alaskan Native Tribes and the Bureau of Indian Affairs (BIA).

ICWA Liaison - California Department of Social Services

For consultation contact:

Barbara Rudd, ICWA Coordinator

373 W. Julian St. Office, 4th Floor

Tele: (408) 975-5395

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Other References  
Popup Window2 California Department of Social Services Web site on ICWA
bullet2 ICWA: Notice of Hearings
PDF List of Federally Recognized Tribes
PDF Contact Notes - CWS/CMS Process Map
MS Word2 The Notice of Involuntary Child Custody Proceedings for an Indian Child (JV-135) - CWS/CMS Process Map
MS Word2 Entering ICWA Eligibility Information for a Birth Child of all Presumed and Alleged Fathers - CWS/CMS Process Map
MS Word2 Entering ICWA Eligibility Information for an Adopted Child - CWS/CMS Process Map
MS Word2

Example Statement of ICWA Inquiry for Court Reports

MS Word2

Updating Tribal membership and ICWA eligibility status

MS Word2

181. Indian Child Welfare Act (ICWA). Important Modifications to Recommendations to Ensure Compliance With ICWA

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