Approval: Jennifer Strus, Assistant Secretary
Original Date: September 12, 2016
Revised Date: Not Applicable
Policy Review: June 30, 2020
Children's Administration (CA) receives and processes reports of child abuse and neglect, and calls seeking assistance for children and families who may be subject to the federal and state Indian Child Welfare Acts (ICWA). Early identification of possible affiliation with a federally recognized tribe ensures Indian families get access to resources and support services through their tribes as quickly as possible, and that CA is complying with federal and state ICWA.
This policy applies to all CA staff.
R.C.W. 13.38 Washington State Indian Child Welfare Act (WICWA)
25 U.S.C. § 1901 - 1923 The Federal Indian Child Welfare Act (ICWA)
25 CFR Part 23 Bureau of Indian Affairs ICWA Regulations
- When CA receives an initial intake regarding allegations of child abuse and/or neglect, the intake worker and the local office CA caseworker must determine if there is reason to know that the child is or may be a member, or the biological child of a member and eligible for membership, in a federally recognized tribe.
- CA Intake workers must follow CA Practices and Procedures Intake Process and Response policy as well as those outlined below.
- The CA Intake worker requests information about affiliation with a federally recognized tribe (including asking about Indian heritage) from the caller making a report of child abuse or neglect.
- The CA Intake worker completes the following activities on all intakes:
- Documents the Indian heritage or federally recognized tribal information for all identified tribes in FamLink using the ICW tab in the intake tool.
- Contacts the Washington state tribe(s) as a collateral contact prior to making an intake decision using the Washington State Tribes Intake Referral and After Hours Contact Information.
- Determines whether the allegation of child abuse or neglect should be screened in and will determine the type of CPS response (investigation or FAR); and the timeframe for response (either 24 or 72 hours). CA is required to follow state law and its own policies in responding to child abuse or neglect allegations.
- Documents the contact or attempts to contact in the ICW tab within the CA intake tool.
- Takes the following additional actions with After Hours intakes with emergent responses (24 hour response) when the child or family is associated with Washington State federally recognized tribes from the Intake Referral tab:
- Sends screened in intake information to the WA State tribe using the Washington State Tribes Intake Referral and After Hours Contact Information.
- Select Washington tribe (defaults to federally recognized) from the Agency Type list
- Select the appropriate Washington state tribe from the Agency Name list
- Select the preferred method of delivery from the Referral Method list as identified by the tribe in the Washington State Tribes Intake Referral and After Hours Contact Information located in the action pane
- CA Intake Report appears by default from the Document list
- Select the Sent checkbox when the document has been sent and enter the correct Date and Time sent in the appropriate fields (once box is checked a date is required)
- Type a narrative Reason for Referral in the Referral Information text box (not required)
- Click Save button
- Click Close
- Notifies the After Hours Supervisor of the emergent intake and the need for coordination with the tribe(s) using the Washington State Tribes Intake Referral and After Hours Contact Information.
- After Hours Field Response Staff:
Will contact Washington state tribe(s) for coordination of response on the emergent intake, using the Washington State Tribes Intake Referral and After Hours Contact Information.
- Local DCFS/DLR Office Staff:
- Reviews intake screening decision on all intakes and refers to individual tribe Memorandum of Understanding with the Department if available.
- Sends CPS intakes (screened in and screened out) to WA State tribe(s) immediately per the process identified in e i. A-H above, if not previously provided.
- Makes contact and coordinates with tribe(s) on CPS intakes screened-in for CA response, using the Washington State Tribes Intake Referral and After Hours Contact Information.
- Makes contact and coordinates with tribe(s) on Non-CPS intakes (Family Reconciliation Services) screened-in for CA response that involve an Indian child as the identified child (IC), using the Washington State Tribes Intake Referral and After Hours Contact Information.
- Intake Report DSHS 14-260 located on the CA intranet - ASD forms
- FamLink Intake Quick Help Guide, located on the CA Knowledge web
- FamLink User Manual: Intake, located on CA Knowledge web
- CA ICW policies and procedures Chapter 4 Disclosure of confidential records/Information to Tribes
- Practice Guide to Intake located in the manuals section of the CA Intranet
- Screening and Response Assessment located in the manuals section of the CA Intranet
- Washington State Tribes Intake Referral and After Hours Contact Information
- Washington State Tribes: Tribal Contact and Coordination Guidelines