INSTRUCTIONS TO STAFF 340:75-19-18

1.  The Child Welfare (CW) worker reviews the case file, including legal documents, to determine whether there is compliance with the State and Federal Indian Child Welfare Acts (ICWA).  If there are questions about compliance, the CW worker staffs the case with a supervisor and determines whether additional staffing with the district attorney's office is needed.

2.  The CW worker makes contact monthly with the child's tribe to identify any potential placements for the Indian child and to coordinate services to the child and family.

3.  The CW worker continues to search for a placement resource that meets the first order of preference under the Acts, unless the Indian child is already placed with extended family.  The CW worker documents all efforts in the Contacts screen of the KIDS case and in the Court Report.  If a placement of a higher preference is identified, the Indian child is placed in that placement resource unless the court finds that good cause exists not to place in accordance with the placement preferences.  The CW worker reviews the Tribal/State Agreement for Foster Care to determine whether the child's tribe's placement preference differs from the Federal Act.

4.  The CW worker ensures that the tribal CW worker is advised of permanency planning meetings in a timely manner.

5.  The CW worker documents all efforts to comply with the provisions of the Federal and State ICWA, including efforts to follow the placement preference and to provide active efforts to reunify.  The CW worker includes this information in the Court Report and requests the court to make findings regarding efforts to comply with the Federal and State Acts.

6.  The CW worker staffs a recommendation for termination of parental rights with the child's tribe prior to making such recommendation.  The CW worker also considers the higher burden of proof for termination of parental rights, including the requirement for testimony from a qualified expert witness before making a recommendation for termination of parental rights.

7.  If the child's tribe is not in support of termination of parental rights, the CW worker requests assistance from the tribe to determine what, if any, other services can be provided to the family to correct the conditions that led to the adjudication.

8.  The CW worker explores alternative permanency planning options such as guardianship or supported permanency as needed to meet the needs of the child, if termination is not supported by the child's tribe or there is not sufficient evidence to meet the higher burden of proof.  [OAC 340:75-6-31.4]

9.  If termination of parental rights is requested, the CW worker assists in identifying an appropriate qualified expert witness as required by the Federal and State ICWA.