43068. Indian Children

  1. Permanency Planning Case Staffing-If the child is identified as an "Indian child" per Appendix A, and is required to have a LICWAC staffing the child must have a Local Indian Child Welfare Advisory Committee (LICWAC) staffing to establish a permanency goal no later then 60 days from the original placement date. (Follow Indian Child Welfare Chapter 10: LICWAC policies and procedures)
  2. Active Efforts-If the federal and state Indian Child Welfare Act (ICWA) protects the child, the caseworker must continue active efforts toward reunification with the child's parents or Indian custodian, if any, until the court terminates parental rights. See Appendix A for the definition of "Indian Child."
  3. Compelling Reasons-The fact that the Tribal/State agreement defines the child as Indian and the child's involved tribe does not concur with the filing of the petition or with adoption as the permanency plan for this child may be a compelling reason not to file a termination of parental rights petition. Compelling reasons not to file a termination petition must be made on a case by case basis considering the individual circumstances of the child and family
  4. Termination of Parental Rights of an Indian child
    1. Special procedures apply when handling the voluntary or involuntary termination of an Indian child. The caseworker must refer to Indian Child Welfare policies and procedures.
    2. Petitions for voluntary termination of parental rights may not be initiated for an unborn Indian child. The hearing on the petitions for relinquishment or termination cannot occur until at least 10 days after the birth of the child or the parent's signing the consent to adoption.