Chapter 6 : Section 03

Voluntary Placement of an Indian Child

Policy

The Department shall consult with the Assistant Attorney General in making the necessary arrangements to have a parent sign a consent to voluntary placement in the presence of a juvenile court judge. A full explanation shall be given in the language the parent understands to ensure the parent fully understands the consequences of the consent.

The parent or Indian custodian may withdraw consent to voluntary placement at any time. To withdraw consent, the parent or Indian custodial must file a written document with the court or otherwise testify before the court. When a parent or Indian custodial withdraws consent to a voluntary placement, the Department shall return the child immediately to the custody of the parent who gave the consent, unless the child would be in present or impending danger of severe physical damage or harm. If the child would be in present or impending danger of severe physical damage or harm, the Department shall follow department policy and procedures for safety planning.

The Department shall give preference to placing an Indian child with:

a member of the Indian child’s extended family;
a foster home licensed, approved, or specified by the Indian child’s tribe;
an Indian foster home licensed or approved by an non-Indian licensing authority; or
an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child’s needs.

Procedures

Considering Voluntary Placement

To determine whether voluntary placement is appropriate for an Indian child, consider the following questions, in addition to following the procedures in Voluntary Placement.

Is this child a resident and/or domiciled on an Indian reservation? (If yes, a voluntary placement agreement is not appropriate.)
Is this child a ward of the tribal court? (If yes, a voluntary placement agreement is not appropriate.)
If the parent does not object to contact with the child’s Indian tribe, is the tribe able and willing to provide available services, including placement, that may address the safety needs of the child and address the problems that led to the decision to place the child in foster care? (If yes, a voluntary placement agreement may not be necessary.)
Is there a Native American cultural and/or services center that may have social services available to assist the child and the family that would eliminate the need for a voluntary placement?
Have efforts been made to explore alternatives to foster care placement, including the other parent? If the non-custodial parent is appropriate and able to care for the child, every effort should be made to locate and notify that parent of the possible foster home placement prior to accepting a voluntary consent.

Inform the parent of placement preferences and that, unless the parent objects, efforts will be made to notify the child’s tribe and extended family members.

Consult with the Program Supervisor regarding the appropriateness of a voluntary placement. If necessary, convene a case conference to discuss the voluntary placement with the Program Supervisor, the parent, the child (if age appropriate), designated ICWA liaison and the Program Manager or designee.

Consult with the Assistant Attorney General to make the necessary arrangements to have the voluntary placement agreement in the presence of a judge or certified by a judge.

Explain the terms and consequences of the parent’s consent and ensure the parent understands the consent and how to revoke the consent, including providing an interpreter if necessary.

Closing a Voluntary Placement

To determine whether a child can safely return home at the end of the voluntary placement or to recommend the filing of a dependency action, follow procedures in Family Reunification.

To determine when to close the case, follow Providing Services Families Children Assessed Safe.

Documentation

Ensure the child’s tribe has been added to the case.

Document child, parent and grandparent information and affiliated tribal information using the Native American Indian Detail tab.

In Notes, document all contacts with the Indian child’s and/or the parent’s tribe including the name, address, title, telephone number of the person contacted and the results of these contacts.

File copies of all correspondences with tribal staff in the hard copy case record.

File a copy of signed consent documents and the judge’s certification in the hard copy case record.