NOTE:  Criteria such as a blood quantum (i.e., ½ or ¼ Indian) frequently do not apply, although questioning in this area can lead to tribal identification and determination. Criteria for tribal membership/enrollment are determined by the specific tribe.

Determination should occur as quickly as possible in order to assure that rights and privileges of the ICWA are properly afforded to the child and the family. The juvenile office should take the responsibility for this determination. However, if the juvenile office does not assume this responsibility and the child and the family is receiving services from the Division, the worker should assume this responsibility.

The following guidelines will help in the important step of determining a child’s Indian status:

1. Do you, your parents or your grandparents have any Indian blood? If so, do you know what tribe they may be related to? Do you know which state your Indian kin lived in?
2. Has anyone provided information that the child’s or family’s usual residence is on a reservation or in a predominantly Indian community?
3. Has a tribe or the Bureau of Indian Affairs indicated the child is a member or eligible for membership in a tribe?
4. Has anyone provided information that any child member of the family is under the jurisdiction of a tribal court?
5. An Indian child’s status can be confirmed through any or all of the following activities:
   1. Securing information from extended family members, when possible, that expands information given by child or parent;
   2. Examining and copying, with permission, any documents the parent or child may have that provide proof of Indian status;
   3. Correspondence with Bureau of Indian Affairs, identified tribe, Indian Service Agency, etc., which includes all identifying information of a child and his parents, possible tribal relationship and any other pertinent information. If a tribe is known, the address can be obtained from the Bureau of Indian Affairs area office. Also, an Indian center agency may have addresses for an Indian tribe.

Out-of-Home Care Placement Mandates

1. Foster Care and Pre-Adoptive Placement:
   1. Criteria –  This criteria is used when placing an Indian child in any type of out-of-home care:
      1. Least restrictive setting which approximates a family and is appropriate to child’s needs, and
      2. Is within reasonable proximity to child’s home while accommodating the child’s needs.
   2. Preference order:
      1. A member of the Indian child’s family which includes extended family.
      2. A foster home licensed, approved or specified by the Indian child’s tribe or their designee which may be the nearest Indian social services program.
      3. An Indian foster home licensed or approved by a non-Indian licensing authority.
      4. An institution for children approved by the Indian tribe or operated by an Indian organization which has a program suitable to meet the child’s needs.
      5. NOTE: Prior to considering an institution, a non-Indian licensed foster family may be deemed as suitable for the child’s care, if appropriate, in meeting the child’s needs (i.e., traditional foster family, youth with elevated needs foster family, etc.) This may be changed for “good cause” by the tribal court or the juvenile court.
2. Adoptive Placement Preference Order:
   1. A member of the child’s extended family unless the parent has requested anonymity be retained in any current or future placement.
   2. Another member of the Indian child’s tribe.
   3. Other Indian families.
   4. This order may be changed for “good cause” by the tribal court or the juvenile court.
3. Voluntarily releasing a child for adoption is as follows:
   1. A birth parent registered on an Indian Tribal Role does have the right to place the child outside the preference order stipulated in the Act. However, certain procedures prescribed in the Act must be followed to the letter. These are:
      1. The biological parent cannot sign voluntary relinquishments until the infant is at least ten (10) days old.
      2. The relinquishment must be signed in a court proceeding. Having the forms witnessed by a judge outside of a formal proceeding is not satisfactory in meeting the requirements of the Act.
      3. The relinquishing parent must sign an affidavit that he/she is aware of the Act and such affidavit must be made part of and recorded in the court’s official record.
      4. A certified copy of the court record must be sent to the Bureau of Indian Affairs.
   2. Assisting the prospective adoptive family in such a placement plan:
      1. They should be informed about the legal requirements, particularly the application of the procedures even though the birth parent is choosing to go outside the preference order of the Act.
      2. They should be informed that the birth parent can revoke the voluntary relinquishment of paternal rights any time up to finalization of the adoption and that if the procedures are not followed and the adoption is granted it is not valid and is subject to the parent demanding the child be returned at any time.
   3. Worker’s role with the court:
      1. The worker must follow the above requirements as they apply and facilitate the court’s legal proceeding. Question should be raised with the juvenile court to obtain adequate instruction when handling a voluntary relinquishment and participating in the subsequent court proceedings if procedures are not clear.