Ala. Admin. Code r. 660-5-36-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-5-36-.01 - Purpose And Applicability

(1)Purpose - The best interests of Indian children are realized by promoting the stability and security of Indian families and tribes. This is accomplished by including the child's Indian tribe in decision-making regarding the future of tribal children. Placement guidelines for Indian children are set by ICWA to protect the integrity of Indian tribes and assure that DHR child welfare practices acknowledge the vital role that the child's cultural heritage and tribal community must play in child welfare decision making for Indian children.

(2)Applicability - ICWA applies to all Indian children and their families who are members of a federally recognized Indian tribe or an Alaskan native village that come under the jurisdiction of State courts. Indian children and their families who are members of non-federally recognized Indian tribes are treated by the Department as any other United States citizen.

New Rule: Filed December 20, 2007; effective January 24, 2008.

Author: Margaret Livingston

Statutory Authority: 25 United States Code, Chapter 21 §1901 -1923.