1500. INDIAN CHILD WELFARE

  1. All actions involving children and families of North American Indian descent shall follow policies and procedures outlined in the CA Indian Child Welfare (ICW) Manual. Included in the ICW Manual are the federal Indian Child Welfare Act of 1978, The Tribal - Washington State Indian Child Welfare Agreement of 1987, and the Tribal - State Accord. Social workers are expected to adhere to them in the course of providing ICW services. 25 United State Code (USC) 1901 et. seq.; RCW 13.04.030; RCW 13.34; RCW 13.70.150; RCW 26.33.090 et. seq.; RCW 74.13.031 and 74.13.080; RCW 74.15.020; and 74.15.090
  2. Every petition filed in proceedings shall contain a statement alleging whether the child is or may be an Indian child as defined in 25 U.S.C. Sec. 1903. If the child is an Indian child as defined under the Indian child welfare act, the provisions of the act shall apply.
  3. Whenever the court or the petitioning party in a proceeding knows or has reason to know that an Indian child is involved, the petitioning party shall promptly provide notice to the child's parent or Indian custodian and to the agent designated by the child's Indian tribe to receive such notices. Notice shall be by certified mail with return receipt requested. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, notice shall be given to the secretary of the interior in the manner described in 25 C.F.R. 23.11. If the child may be a member of more than one tribe, the petitioning party shall send notice to all tribes the petitioner has reason to know may be affiliated with the child. The notice shall:
    1. Contain a statement notifying the parent or custodian and the tribe of the pending proceeding; and
    2. Notify the tribe of the tribe's right to intervene and/or request that the case be transferred to tribal court. RCW 26.10.034, 26.33.040