ICWA COMPLIANCE CHECKLIST
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Identification of Indian Ancestry & Diligent Search
Inquiry made of all children
Form 1270 with Family Tree completed by both parents
Intake information coded for Indian ethnicity
Suspected Indian children handled as an ICWA case until ruled out
Inquiry letters sent to Tribes that child may be eligible for enrollment to
If child eligible, Tribal enrollment application completed and returned
If child ineligible, documentation of such in case file on Tribal letterhead
FACIS modified for ICWA determination
Tribal Notification
Written Notice has been sent, return receipt requested, to the Tribe.
Case file identifies the Tribal contact, address, and phone number for written
notification of
all Court proceedings and scheduled reviews.
Tribal contact includes Notice of, and invitation to, scheduled Family Decision-Making
meetings and critical reviews.
Case file identifies the Tribe's delegated Expert Witness(es) for Court hearings;
if none identified, advance preparation is done to recruit an Indian Expert
Witness for crucial Court Hearings.
The ICWA Manager has been contacted if Tribe fails to respond.
Inquiry made to the Tribe to determine if child is already under Tribal custody
wardship.
Courtesy Notices are sent to Canadian, Mexican or non-recognized US Tribes as
Oregon law allows intervention as "Legal Intervenors".
Transfer of Jurisdiction
DHS supported Tribal Petitions to Transfer Jurisdiction of enrolled children
to the Tribal Court holding jurisdiction for his or her Tribe.
DHS Branches provided support, or assistance, in the transfer of the child once
the Transfer is ordered by the State Court.
DHS has assured that the Tribe has considered all aspects in the Transfer including
IV-E eligibility, medical assistance, or other benefits to the child that may
be adversely effected by the move.
Occasionally a Tribe will petition for a Transfer of Jurisdiction and request
that the child continue with current placement and services; advance legal preparation
occurred to avoid confusion in what is being requested by the Tribe and the
State Court. Consultation with the ICWA Manager was requested if problems arose.
Tribal Intervention
If Indian child eligible for, or enrolled to a Tribe, and Tribe has filed Motion to
Intervene, ICWA protections apply: active efforts, expert witness, placement
preferences, transfer of jurisdiction, and clear & convincing evidence; to all
voluntary and involuntary child custody proceedings.
If the Indian child is ineligible for enrollment, but a descendant of a Tribal
member, the Tribe has intervened for "legal intervenor" status but ICWA
protections do not apply. DHS continued to work with Tribe in the best interests
of child and to address cultural needs.
For Oregon Tribes, existing ICWA Agreements require 24 hour telephonic
notification and Tribe may not formally intervene but are viewed as legal
intervenors and ICWA protections apply.
Active Efforts to Prevent the Breakup of an Indian Family or Reunify
DHS caseworker engaged Tribe to participate in family decision-making meetings,
and the development of service agreement/letter of expectations.
Expert Witness used to testify towards preventing the break-up of the Indian
family at jurisdictional hearing-the burden of proof.
Service agreement reflects active effort to reunify family; active effort is
demonstrated through the provision of assistance in engaging family member
in available and accessible services; active effort included utilization of
available cultural resources; ongoing reviews were held to monitor family
progress towards service agreement goals; and Tribe was notified when
problems arose with family progress.
Placement of Indian Children
The Tribe was contacted and utilized to assist in relative searches or identification
of a Tribally designated or approved foster home, institution or residential program.
When there was no Tribal involvement, effort was made to place an Indian child
in an Indian home.
When an Indian child is placed in a non-Indian home, the Court modified the
order of ICWA placement preference by showing good cause to the contrary.
A written record exists documenting each placement and the efforts made to comply
with the mandates of ICWA placement preferences.
When there was a change of placement, the Tribe and parent/custodian was notified
in writing.
Termination of Parental Rights or Relinquishment
A written record exists documenting active efforts to reunify Indian child with
parent(s) or custodian.
Expert Witness testimony was sought to support evidence beyond a reasonable
doubt favoring termination of parental rights.
A written record exists documenting the diligent search for ICWA mandated placement
preferences for Indian children and "good cause" for placement outside of these
preferences for pre-adoptive or adoptive homes.
Written notice was sent to the Tribe, parent(s) or custodian of any changes
or disruptions in pre-adoptive or adoptive placements.
ICWA mandates were complied with when voluntary relinquishment of parental rights
occurred that was fully understood by the parent(s) and was not taken fraudulently
or when parent was under duress.