Chapter 6 : Section 4

Family Reunification of an Indian Child

Policy

The Indian child’s health and safety shall be the paramount concern when making permanency planning decisions and providing services.

The Department shall provide reunification services to the family of an Indian child when the child is placed in out-of-home care. Reunification of Indian children with their families shall occur as soon as the safety threats that are likely to result in severe physical damage or harm to the child have been addressed.

In all cases involving an Indian child, active efforts to reunify the family must be made.

Active Efforts means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with their family.

Active efforts to reunify an Indian child with family must involve assisting the parent or parents or Indian custodian to access and participate in services necessary to achieve the behavioral goals in the case plan. Active Efforts must be tailored to the needs of the parents and child.

From the beginning of the case, the Department shall involve parents, other family members and, to the greatest extent possible, the Indian child’s tribe in developing a case plan aimed at assisting the family to care for the Indian child safely at home.

To facilitate family reunification, the Department shall provide services that support families in developing their strengths and address safety threats that necessitate the Indian child’s out-of-home care. Services may be delivered directly by Department staff or through referral to community resources, tribal social services or organizations that provide remedial services and rehabilitative programs to Indian children and families.

Services shall be provided in a culturally competent manner consistent with the child’s and parents’ wishes and delivered in a manner that incorporates, when appropriate, Indian ceremonial and religious practices, talking circle, and tribally operated programs that reflect Indian values and the beliefs of the family.

Procedures

Determining which Family Reunification Services to Provide

In determining the type of services that are appropriate, consider the following in addition to procedures under Reunifying the Family and Developing the Reunification Plan found in Family Reunification.

whether the Indian child’s or Indian parent’s cultural values, beliefs and religious practices tied to the child’s Indian tribe;
whether the Indian child or parent is willing to accept services provided by the Indian child’s and/or Indian parent’s tribe or an organization such as a Native American cultural and/or service center;
whether there is an organization such as a Native American cultural and/or service center that can offer culturally appropriate services designed to prevent removal or reunify Indian families in close proximity to the Indian child or parent;
whether the Indian child’s tribe is able and willing to provide services that could eliminate or control the safety threats that prevent the child from living safely at home; and
whether there is a contract provider who has access to culturally competent Native American programs and/or resources.

Working with Indian Families

In a family-systems approach, the welfare of any single child or family member is inseparable from the psychological and social functioning of other members of the family. When a family needs assistance, intervene not only with the individual child but also with the systems to which the child belongs. To successfully make changes in the family system, the DCS Specialist must:

listen to the voice of the family and understand their perspectives, values and decision-making processes;
believe in and respect the expertise of families in understanding their own needs and identifying their own solutions; and
honor the culture, race and ethnicity of the family.

Providing Family Reunification Services

Develop and implement the case plan for family reunification as described in Developing and Reassessing the Family-Centered Case Plan.

Make active efforts to ensure the Indian child’s tribe and/or Indian parent’s tribe participates in the development of the case plan. The tribe’s participation may be in person, by telephone or another effective means of communication.

Active efforts to reunify an Indian child with their family must involve assisting the parent or parents or Indian custodian to access and participate in services necessary to achieve the behavioral goals in the case plan. Active efforts are to be tailored to the circumstances of the case and may include, for example:

conducting a comprehensive assessment of the circumstances of the Indian child's family, with a focus on the safe reunification as the most desirable goal;
identifying appropriate services and helping the parents overcome barriers, including actively assisting the parents in obtaining such services;
identifying, notifying and inviting representatives of the Indian child's Tribe to participate in providing support and services to the Indian child's family and in family team meetings, permanency planning and resolution of out-of-home caregiver issues;
conducting or causing to be conducted a diligent search for the Indian child's extended family members and contacting and consulting with extended family member to provide family structure and support for the Indian child and the Indian child's parents;
offering and providing available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the child's Tribe;
taking steps to keep siblings together whenever possible;
supporting regular visits with the parents or Indian custodians in the most natural setting possible consistent with the need to ensure the health, safety and welfare of the child;
identifying community resources including housing, financial, transportation, mental health, substance abuse and peer support services, as well as actively assisting the Indian child's parents or, when appropriate, the child's family, in utilizing and accessing those resources;
monitoring progress and participation in services;
considering alternative ways to address the needs of the Indian child's parents, and when appropriate, the family, if the optimum services do not exist or are not available; and
providing post-reunification services and monitoring.

Contact the Tribal Social Services or ICWA representative and ask the tribe to assist with the identification and provision of culturally appropriate services and programs available through the tribe and/or an organization such as a Native American cultural and/or service center that may assist the child and parent. See Arizona Department of Child Safety Tribal/DCS Contact List.

Ask the tribe to provide the following information:

the name, address, telephone number and a contact person of a tribal program or an organization that provides services to Native American families; and
when appropriate, information about any known person recognized by the Indian community as medicine men or other traditional Tribal Healers whose skill can be used to keep the family together.

Contact the child's tribe and inquire about available traditional healing services and programs that may assist the child and the parent.

Returning the Child Home

To determine whether a child can be returned home safely, following the procedures in Family Reunification, consider whether the parent, guardian or Indian custodian made changes in behavior or environment to address each of the identified Conditions for Return or safety threats that caused or created the likelihood of severe physical damage or harm to the child

Once a child has been identified as able to safely return home, assist the parent, guardian, or Indian custodian with the reunification process by:

Working with the parent, guardian or Indian custodian to come up with a plan for the child’s re-entry into the family and community, for example, by making child care arrangements, by considering school placement and by arranging for ongoing support and assistance.
Working with the parent, guardian or Indian custodian to identify and access resources through extended family, community, and/or tribal resources and agencies, including health care and other resources to support a safe and stable reunification.

Make active efforts to assist the parent, guardian or Indian custodian in arranging for the child’s re-entry into the family by ensuring the following have been considered and implemented where appropriate:

Housing assistance;
Child care arrangements;
School placement;
Culturally appropriate health care and mental health services;
Physical needs (e.g., bed, formula, etc.);
Community or recreational activities for the child; and
Other services as needed to ensure reunification.

Transition the child from the out-of-home living arrangement to home with the parent, guardian or Indian custodian utilizing support from the current caregiver and tribal resources if available and appropriate.

Request the Attorney General’s Office to file a motion with the court to change physical custody. See Court Reports for more information.

Upon the child’s return home, provide support and supervision following procedures in Family Reunification. In particular, during this period:

with input from the family and service team, identify a period of time during which services and family functioning will be monitored as necessary until case closure;
discuss any adjustment problems with the family and tribal caseworkers;
assist the family in securing needed services; and
encourage the family to utilize extended family members, places of worship, neighborhood organizations, and community and tribal networks as an ongoing source of support and assistance.

Documentation

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

Document child, parent, grandparent, 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 and email address of the person contacted and the results of these contacts. Include the method of contact used.

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