Ala. Admin. Code r. 660-5-36-.02

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

Section 660-5-36-.02 - Working With Indian Children And Their Families

(1)Safety Needs of Indian Children: DHR accepts child abuse and neglect reports on children with possible Indian/Alaskan Native heritage who reside off of a reservation. Assessments on these children are conducted by county DHR child welfare staff according to Child Protective Services Policy and Procedures, Safety Assessment. In addition, DHR shall meet the immediate safety needs of Indian/Alaskan native children in the following circumstances:

(a) Indian children are residents of or are domiciled within an Indian reservation but are temporarily located off the reservation and safety threats have been identified.

(b) Regardless of whether a child is a ward of the tribal court or the tribe has exclusive jurisdiction, DHR shall provide protection and meet Indian children's immediate safety needs.

(2)Determining Whether ICWA is Applicable: DHR determines whether a child meets the ICWA definition of a child. DHR ascertains from tribes whether a child is a member of an Indian tribe.

(a) Contact of Child's Tribe: If the child's tribe is known, a contact with the Social Services Program of the identified tribe is made by registered mail with return receipt requested, within five working days of having established the child's tribe.

(b) Child's Tribe is Unknown: If the child's tribe is unknown and there is pending legal proceedings, notification is sent to the Secretary of Interior by registered mail with return receipt requested. The Secretary has fifteen (15) days after receipt of the notification to provide the required notice to the parents or Indian custodian and the tribe. An additional twenty (20) days may be granted by the court for the tribe to prepare for legal proceedings.

Ala. Admin. Code r. 660-5-36-.02

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

Author: Margaret Livingston

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