OKDHS - OAC 340:75-19-23. Adoption of Indian children

340:75-19-23. Adoption of Indian children

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Issued 6-27-02

(a) The Federal and State Indian Child Welfare Acts (ICWA) establish an order of placement preferences for Indian children who are in adoptive placements. Adoptive placements are defined by the Federal ICWA as the permanent placement of an Indian child after parental rights have been terminated. The Federal ICWA requires that Indian children in adoptive placements are placed in the following order of preference, unless the court finds good cause to place outside of the placement preference, or the child's tribe has established a different order of preference: • 1 through 3

(1) a member of the child's extended family;
(2) other members of the Indian child's tribe; or
(3) members of other Indian families.

(b) The criteria for the placement of Indian children includes consideration of the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or in which the parent or extended family members maintain social and cultural ties.

(c) Adoptive placement with non-Indian families is considered only after the Department has determined that:

(1) no extended family are available for adoptive placement;
(2) no Indian families of the child's tribe are available for adoptive placement; and.
(3) no Indian families of other tribes are available for adoptive placement.

(d) Prior to the adoptive placement of an Indian child in a non-extended family or non-Indian resource, the court of adjudication is requested to conduct a good cause hearing. • 4 through 6

INSTRUCTIONS TO STAFF 340:75-19-23

1. Adoption of an Indian child requires the coordination of services between the child's Child Welfare (CW) worker and the adoption specialist assigned to the case.

2. The CW worker reviews the child's case record to determine if all available extended family resources have been explored. The CW worker involves the tribal CW worker in identifying any potential adoption resources that are in compliance with the Federal and State Indian Child Welfare Acts (ICWA).

3. The CW adoption worker reviews assessments completed by the child's tribe for consideration of an adoption resource. The CW adoption worker submits the recommendations to the State Office adoption program staff for review. The CW adoption worker gathers additional information if needed.

4. A recommendation for an adoptive placement is selected in accordance with OAC 340:75-15-45.

5. If the adoptive placement recommended after adoption criteria staffing has been completed does not fall within the first order of preference under ICWA, extended family, the CW worker requests a good cause hearing. See OAC 340:75-19-14(f).

6. The adoption specialist, in conjunction with the child's CW worker, reviews the child's entire case record, including legal documents, to ensure there has been compliance with the Federal and State ICWA. The CW worker and adoption specialist consult with the State Office Legal Division and take whatever steps are needed to correct any areas of non-compliance.

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