Approval: Jennifer Strus, Assistant Secretary
Original Date: September 7, 2016
Revised Date: Not Applicable
Policy Review: June 30, 2020
Purpose
To provide guidance about CA responsibilities for children and families when the child is placed in out-of-home care and the federal and state Indian Child Welfare Acts (ICWA) do not apply.
Laws
R.C.W. 74.14A.020 Services for potentially dependent children
Scope
This policy applies to Division of Children and Family Services staff.
Policy
- ICWA does not apply when a child or family is from a non-federally recognized tribe or Canadian First Nations.
- When ICWA does not apply, CA caseworkers will:
- Follow all CA Practice and Procedure policies including:
- Contact the tribe or Canadian First Nation for help in locating a relative or other placement and available service resources for the child(ren). Follow CA ICW policies and procedures Chapter 4 Disclosure of confidential records/Information to Tribes.
- Obtain written consent using Consent DCYF 14-012 from at least one parent to share other information beyond the request for help in locating placement and service resources for the child.
- Preserve the child’s culture of origin and respect the child’s right to participate in his or her culture, when developing case plans. This includes helping the family enroll the child if they are eligible and the family wants to pursue enrollment.
- Conduct case staffings with Local Indian Child Welfare Advisory Committees (LICWAC) with a signed Consent DCYF 14-012 from at least one parent.
- If both parents are absent and have not participated in the case for 60 days from the Original Placement Date (OPD), and CA has made diligent efforts to locate parents who cannot be found, the case may be staffed at LICWAC without a signed consent.
- If either parent should subsequently become involved with the case, consent to continue staffing with LICWAC will be required.
Forms
Resources
- First Nations Child & Family Caring Society of Canada
- ICW policies and procedures Chapter 10 – Local Indian Child Welfare Advisory Committees