• Review description of ICWA if Indian status has been indicated in any way.
• Determine child’s Indian status, if juvenile office does not, through use of resources and guidelines identified in this chapter.

NOTE:  This is a critical step so that services and rights awarded to Indian children via the ICWA can be provided. Indian heritage and membership is frequently not apparent, so the child and the family should be engaged in careful questioning and discussion about the possibility of tribal membership through ancestral heritage.

• Coordinate services with nearest available Indian social services ICWA program. There are two (2) in Missouri, as noted above.
  • If Indian centers are unable to provide services and child is clearly of Indian heritage, provide child welfare services with respect for Indian heritage and cultural beliefs and use of the ICWA requirements.
  • Assist foster family or other care facility to provide services recognizing child’s Indian heritage and cultural beliefs.
• Apply any ICWA requirements when providing services with the assistance of ICWA specialist, if available.
• Notify juvenile court of Indian status information in writing. A request must be made to the court for permission to release confidential information including copies of court orders if Indian tribal membership is established.

NOTE: As a Title II grantee, Indian centers are under obligation to protect confidential information about the child and his/her family.

• When the juvenile court transfers jurisdiction of a child to the tribal court, cooperate with the tribal court by providing information, services and recommendations.

NOTE: Tribal courts have parity with juvenile/state courts when they have assumed jurisdiction of a child.

• Apply legally mandated placement selection guidelines if placement is ordered by tribal or juvenile court:
  • Use Indian centers to determine if an Indian foster family or other Indian care facilities are available, as needed.
  • Use FACES search to identify foster families accepting Indian children or other care facilities, if Indian centers are unable to provide out-of-home care services.
  • See later in this section for processing a voluntary relinquishment for adoption by an Indian parent.
• Apply appropriate procedures in delivering out-of-home care services. This includes, but is not limited to:
  • Providing information to appropriate Indian center staff:
    • CA/N complaint (with reporter’s name deleted) and social history of child and family including any forms on which such data is recorded;
    • Medical history including any forms on which such data is recorded;
    • Psychiatric, psychological, etc., evaluation reports; and/or
    • School reports, etc.
  • Including representative of Indian center in notification of FST meetings and court hearings.
• Respond promptly to any orders of the juvenile court as it complies with the requirements of the ACT.
• Record all activities every 30 days using guidelines for type of service activity.

NOTE:  With some exceptions, Tribal Court Authority Transcends Juvenile Court Authority, if the Tribal Court elects to exercise its rights as Authorized in the ICWA. Refer Case situations to Division of Legal Services (DLS) if assistance or Clarification is needed.