Section 214-RICR-30-00-1.9 - Implementing the Indian Child Welfare ActA. The Indian Child Welfare Act, 25 U.S.C §§ 1901 - 1963, requires the Department to find a placement within a reasonable distance of the child's home and in the least restrictive environment to meet the special needs of the identified Indian child: 1. An Indian child must be placed in the following order of preference: a. With a member of the Indian child's extended family;b. In a foster home licensed, approved or specified by the Indian child's tribe;c. In an Indian foster home licensed or approved by an authorized non-Indian licensing authority;d. In an institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs.B. When no preferred placement is available as specified above, active efforts are made to place the Indian child with a family committed to enabling the child to have an extended family visitation and participate in the cultural, spiritual, religious, and ceremonial activities of the Indian child's tribe.C. Deviation from the order of preference is made only when the Department can show good cause for such deviation and a final determination is made by the Tribe and sanctioned by the Family Court.D. Selection of an Adoptive Home 1. The search for and selection of the home occurs in conjunction with the tribe's representative in the following order of preference: a. A member of the Indian child's extended family;b. Other members of the Indian child's tribe;c. Other Indian family; or 2. Deviation from the order of preference is made only when the Department can show good cause for such deviation and a final determination is made by the Tribe and sanctioned by the Family Court.214 R.I. Code R. 214-RICR-30-00-1.9
Adopted effective 12/27/2018