Ala. Admin. Code r. 660-5-36-.05

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

Section 660-5-36-.05 - ICWA And The Interstate Compact For The Placement Of Children

(1) Five areas are considered with the Department's involvement with Indian children placed across state lines.

(a)Applicability: ICPC policies and procedures apply to ICWA cases. The extent of involvement that a county DHR has in an ICPC/ICWA case depends on whether the placement originates on a reservation or is destined to a reservation.

(b)Responsibility: Tribal authorities hold financial and service delivery responsibility when the tribe assumes jurisdiction pursuant to ICWA. For ICPC cases, the tribe is the "sending agency."

(c)Placement Supervision: The supervision of interstate placements of Indian children is determined by the extent of the Indian tribe's involvement in the planning of the placement. If the tribe only consents to the sending agency's placement plan, the Department's ICPC policies apply for both the sending and receiving state. DHR can also be the "sending agency" for placement of Indian children.

(d)Jurisdiction: Sending agencies, including Indian tribes, have jurisdiction per ICPC Article V (a) when children are validly placed with families on Indian reservations.

(e)Reports: If tribes function as "receiving states" or as agents for receiving states, they can be required to submit supervisory reports.

Ala. Admin. Code r. 660-5-36-.05

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

Author: Margaret Livingston

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