Chapter 6 : Section 06

Permanency Planning for an Indian Child

Policy

In selecting the permanency goal for the child, the Department shall seek to maintain and support the child's relationship to the biological parents, extended family members, the child’s tribe and other individuals with whom the child has an attachment.

For Indian children receiving in-home services, the initial permanency goal is Remain with Family.

For all Indian children receiving out-of-home care services, the initial permanency goal shall be Family Reunification. In rare circumstances, family reunification may not be possible, such as in the case where a parent is deceased, or the whereabouts of the parent is unknown.

If it appears that, even with active efforts, it is unlikely the child will be returned to the parent(s) within 12 months after removal, the Department, in collaboration with the Indian child’s tribe (if possible), the parents, and extended family members, will develop a concurrent permanency goal and case plan aimed at identifying a permanent caregiver for the child. The Department will strongly and regularly encourage the tribe to assist in the early identification of an appropriate permanent caregiver for the child.

Procedures

Choosing a Permanency Goal

Develop and implement the case plan as described in Family Centered Case Planning. Continue to involve the tribe in case planning and service provision efforts.

For youth age 16 and older and as appropriate, follow the procedures in Services and Supports to Prepare Youth for Adulthood.

Develop and implement the case plan as described in Developing and Reassessing the Family-Centered Case Plan. Continue to involve the tribe in case planning and service provision efforts.

Selecting Services and Supports to Achieve Permanency Plan

Follow the procedures in Planning for Service and Supports to Achieve Permanency Goal.

Services provided to the family should involve and use the available resources of the extended family, the tribe, Indian social service agencies, and individual Indian caregivers (including medicine men or tribal members who have developed special skills that can be used to help the child’s family succeed).

Active efforts to provide appropriate reunification services should include efforts to take into account the prevailing social and cultural conditions and way of life of the Indian child’s tribe. Services should be:

affirmative;
active;
thorough;
timely;
intended primarily to reunite an Indian child with his or her family;
tailored toward the specific issues that brought the child(ren) into care or cause them to remain in care;
provided in a culturally sensitive manner, consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe;
“active” rather than “passive” (such as identifying specific services, paying for services, assisting with access by making appointments and arranging transportation, providing necessary translation services, etc.);
If at all possible, coordinated with the tribe (if the tribe cannot provide necessary services, they should be consulted for resources or to ensure the adequacy of the services provided)

Documentation

Document the selection of the proposed permanency goal under Permanency in the Case Plan. Follow the procedures in Selecting the Permanency Goal.

Document the revised permanency goal under Permanency in the Case Plan.

Document justification for selection of the permanency goal or revised permanency goal using the Notes tab; and in the next Progress Report to the Juvenile Court or Permanency Hearing Report to the Juvenile Court following the case plan staffing.

Document the concurrent permanency goal under Permanency in the Case Plan. Follow the procedures in Concurrent Planning.

Document the compelling reason that termination of parental rights is not in the child's best interests under the Compelling Reason box located under Permanency in the Case Plan. The compelling reason is based on the individual circumstances of the child and family on a case by case basis. Some examples of compelling reasons for not filing a termination of parental rights might include:

adoption is not the appropriate permanency goal for the child;
an older child does not consent to the adoption;
there are no legal grounds to file a petition to terminate parental rights;
the parent is terminally ill and does not want parent rights terminated; or
the tribe does not agree with the termination and has proposed an alternative permanency plan.