OKDHS.org - OAC 340:75-19-20. DHS custody children in tribal foster homes

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340:75-19-20. DHS custody children in tribal foster homes

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Issued 6-27-02

(a) Indian children in Department of Human Services (DHS) custody may be placed in tribal foster homes with the permission of the tribal Child Welfare Services (CWS) program. There is no change in eligibility for any services that the Indian child would receive if placed in a DHS foster home. • 1 through 6 & 8

(b) If the state court orders removal or the Department decides it is in the best interest to remove the child from the foster home, the tribal CWS program and the foster parents are notified immediately. The tribe assists with the removal of DHS custody children who are placed in tribal foster homes on tribal land. • 7

INSTRUCTIONS TO STAFF 340:75-19-20

1. The Child Welfare (CW) worker has primary responsibility for the provision of services for DHS custody children per OAC 340:75-6, Permanency Planning. The CW worker coordinates all placement efforts for an Indian child in DHS custody with the child's tribe. The first order of preference is the child's extended family. If there is not extended family available for placement, the CW worker inquires about available tribal foster homes. Decisions about placement of DHS custody children is a joint effort between the child's tribe and the CW worker; however, DHS bears the full responsibility for placement of children in DHS custody.

2. The CW worker staffs the child's placement needs with the tribal Child Welfare Services (CWS) worker so that an appropriate placement can be located. The CW worker reviews the tribal foster resource home file of identified tribal foster resource homes to determine whether the tribal foster resource home can meet the child's needs.

3. Before placing a DHS custody child in a tribal foster resource home, the CW worker checks the KIDS and IMS system for information about the foster family in the Child Abuse and Neglect Information System. If there are indications that the child would be at risk, the placement is declined, and the CW worker asks the tribal CWS worker to assist in identifying another placement. The information from the Child Abuse and Neglect Information System cannot be disclosed to the tribal CWS worker due to confidentiality requirements.

4. If the proposed placement cannot meet the child's needs for reasons other than information from the Child Abuse Neglect Information System, the CW worker discusses the reason with the tribal CWS worker and documents the reason for declining the placement in the KIDS case. The CW worker asks the tribal CWS worker to assist with locating another placement resource. An example would be a placement that would not be conducive to reunification if reunification was the case plan goal.

5. If the proposed placement can meet the child's needs, the CW worker places the child in the tribal foster resource home and provides the same information to the tribal foster resource home as is required to be provided to a DHS foster resource family per OAC 340:75-6-40.2. If the proposed placement is located in a different county, the child's CW worker contacts the county where the tribal foster resource home is located prior to the placement of the child into the tribal foster resource home. The child's CW worker arranges for the provision of services by the secondary county.

6. The assigned CW worker continues to visit the DHS custody child as required per policy OAC 340:75-6-48. The CW worker coordinates and communicates with the tribal CWS worker to ensure that the tribal foster resource home and the child receive needed services.

7. Removal of DHS custody Indian children from a tribal foster resource home is coordinated between the tribal CWS worker and the CW worker. Any conflicts are referred to the CW supervisor, who may refer the issue to the State Office Children and Family Services Division (CFSD) tribal coordinator.

8. The child's CW worker inquires whether there are any concerns about the placement of the DHS custody child in that particular tribal foster resource home. A secondary case is sent to the county of placement. The secondary county provides direct services to the child in placement and the tribal foster resource home. Coordination between the secondary CW worker, the primary CW worker and the tribal CWS worker is necessary to ensure that the child and tribal foster resource home receive needed services and support.

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