Legal Authority/Introduction

LEGAL AUTHORITY:

• 25 USC 1901 Congressional findings
• 25 USC Chapter 21 Indian Child Welfare
• 42 USC 1996 Protection and preservation of traditional religions of Native Americans
• KRS 620.180 Administrative regulations
• 922 KAR 1:140 Foster care and adoption permanency services
• 922 KAR 1:430 Child protective services in-home case planning and service delivery

Procedure

The SSW: 

1. Asks both birth parents, for all children (for all cases), whether one is of Native American or Alaskan Native heritage or is an enrolled member of an Indian tribe or Alaskan Native village and documents the responses in the CQA under Family Developmental Stages and Tasks;
2. Consults with the Service Region Administrator (SRA) or designee, through supervisory channels, regarding steps that are taken in order to comply with the Indian Child Welfare Act (ICWA) if either parent is reported to be of Native American heritage or is a member of a tribe;
3. Consults with the Family Services Office Supervisor (FSOS) or designee on case planning and adheres to ICWA (Refer to National Indian Child Welfare Association) which regulates placement proceedings involving Indian children to include the following, upon finding a child is a member of an Indian tribe or eligible for membership in an Indian tribe:
1. The family’s rights to protection under the ICWA;
2. The family’s rights apply to any:
1. Child protective case;
2. Adoption;
3. Guardianships;
4. Termination of parental rights action;
5. Runaway or truancy matter; or
6. Voluntary placement of children;
3. Placement cases involving Indian children be heard in tribal courts, if possible;
4. Permitting a child's tribe to be involved in state court proceedings;
5. Requiring testimony from expert witnesses who are familiar with Indian culture before a child can be removed from the home (except during an emergency situation or approval by the FSOS); and
6. If a child is removed, either for foster care or adoption, be placed with:
1. Extended family members;
2. Other tribal members; or
3. Other Indian families;
4. Consults with the FSOS or designee on any concerns relating to the Multiethnic Placement Act and Interethnic Adoption Provisions (MEPA-IEPA) in case planning and placement considerations for the purpose of:
1. Removing barriers to permanency for children in the child protective system;
2. Ensuring that adoption or foster placements are not delayed or denied based on race; color or national origin; and
3. Not assuming that needs based on race, color or national origin can only be met by a racially or ethnically matched parent;
5. Consults with the regional attorney and central office after consulting with the Service Region Clinical Associate (SRCA);
6. Assesses culture, which consists of all the ideas, objects and ways of doing things in terms of describing the family’s entire way of life, defined or observed by the family members and community partners;
7. Uses positive aspects of the family’s culture to motivate behavior changes;
8. Assesses the needs of children, biological families and caregivers for cultural issues that will need to be addressed to maintain connections to a child’s culture including identified fathers as outlined in SOP 4.14 Family Attachment and Involvement;
9. Notifies the private child caring (PCC) or child placing (PCP) agency, when a child is placed in this setting, to inform the agency that the child meets special circumstances for cultural exemptions (i.e. cutting the child's hair).

The FSOS:

1. Researches the procedures with a central office specialist when questions arise concerning ICWA or MEPA-IEPA.

Practice Guidance

• Children who are not US citizens and become involved with the agency, may be eligible for Special Immigrant Juvenile (SIJ) status and may be permitted to apply for a green card, if:  
• The child is placed under the legal custody of the state or other individual appointed by the state (i.e. relatives);
• The child cannot be reunited with one or both parents due to abuse, abandonment or neglect; and
• It is not in the child’s best interests to be returned to his/her country of citizenship. 
• If a child is eligible for SIJ status, the SSW should assist the child in obtaining his/her green card.  The United States Citizenship web page offers guidance on how to complete this task.