Chapter 6 : Section 8

Termination of Parental Rights and Adoption of an Indian Child

Procedures

Considering Adoption as the Permanency Plan

When considering whether adoption is the most appropriate permanency plan, consider the following factors:

• Does the child’s tribe have long-standing social and cultural objections to termination of parental rights, and is adoption recognized by the tribe?

• If termination and adoption is opposed by the tribe, is there an alternative permanent caregiver with extended family or other tribal member which will provide comparable stability for the child?

• What efforts have been made to identify extended family or a member of the Indian child’s tribe who will provide a permanent home for the child?

• If a caregiver within the Indian child’s tribe cannot be identified, what efforts have been made to identify an adoptive home not belonging to the tribe, including a non-Indian family?

• If a caregiver within the Indian child’s tribe cannot be identified, have efforts been made to obtain the tribe’s support for an alternative adoptive home within the caregiver preference order?

• Has the child expressed an objection to termination and adoption?

• If the Indian child or the child’s parents expressed a caregiver preference, what efforts have been made to choose a placement that accommodates their wishes?

Schedule a case plan staffing to discuss changing the permanency goal. The cultural and social values of the Indian child’s tribe regarding termination of parental rights and adoption shall be considered. If the child’s tribe opposes termination of parental rights based on cultural and social values, schedule a case plan staffing that specifically includes tribal representatives to assist to identify potential permanent alternatives to termination and adoption.

Assessing the Child’s Permanency Needs

Follow the procedures in Adoption: Assessing Child’s Needs.

To assess the child’s needs:

• interview the child and caregivers;

• review the recommendations of the child’s immediate and extended family;

• review the recommendations of medical and behavioral health providers and other professionals who have worked with the child, including tribal representatives and service providers;

• review the recommendations of representatives of the child’s tribe(s), including recommendations to maintain and develop the child’s essential cultural and tribal identity;

• review the recommendations of other professionals who work with the child;

• complete the Child Information and

• determine the child’s need for Adoption Subsidy.

If the child is at risk of, or has one or more of, the following conditions, obtain an evaluation from one or more professionals regarding the impact of the condition on the child :

• developmental disability;

• emotional disturbances;

• physical disease or disability; or

• mental disease or disability.

If adoption is selected as the permanency plan, consider the following factors when assessing the caregiver needs of a child:

• characteristics of the child: age, gender, religion, tribal affiliation, primary and secondary (if any) language, physical, emotional, social and educational needs;

• child’s cultural and tribal identity: past participation in tribal religious and cultural practices, knowledge of tribal language, current or past ties with child’s tribal community, clanship if any, child’s expressed cultural and tribal identity, and child’s non-Indian identity and family ties, if any;

• child’s history: past living arrangements, ties to current or past caregivers, experience with bonding and attachment;

• child’s relationships: extended family, relatives, siblings, foster parents or other significant adults;

• parent’s preferences regarding caregivers including tribal affiliation, race, color or national origin; and

• The child’s preferences regarding living arrangements and caregivers.

Terminating Parental Rights

Obtaining a consent to place a child for adoption is preferable to initiating an involuntary termination of parental rights proceeding.

Follow procedures in Terminating Parental Rights. Contact the Attorney General to discuss whether the child’s tribe has been notified, what efforts have been made to locate a permanent living arrangement that complies with ICWA’s caregiver preferences, what active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, and possible qualified expert witnesses to testify regarding the risk of serious emotional or physical damage to the child if left in the custody of the parent or Indian custodian.

When the decision to proceed with termination of parental rights is recommended, ensure the following has occurred:

• an extensive and documented search for relatives or other significant persons who can provide a safe, permanent home for the child;

• a request for Arizona Parent Locator Service(see Procedures for Parent Locate);

• active efforts are met to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and documentation that those efforts have proven unsuccessful.

Meet with the Attorney General to discuss the case and prepare for its presentation in court.

Inform the parent(s) of the pending court proceeding to terminate the parent-child relationship; the consequences of the proceedings and actions that the parent(s) must take including responding to the petition through the parent's attorney or requesting the court appoint an attorney; if not already appointed.

Obtaining consent to place a child for adoption is preferable to initiating an involuntary termination of parental rights proceeding. See Adoption Consent of an Indian Child.

Follow procedures in Terminating Parental Rights. Contact the Attorney General to discuss:

• whether the child’s tribe has been notified;

• what efforts have been made to locate a permanent caregiver that complies with ICWA’s placement preferences;

• what active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family; and

• a possible qualified expert witnesses to testify regarding the risk of serious emotional or physical damage to the child if left in the custody of the parent or Indian custodian.

When the decision to proceed with termination of parental rights is recommended, ensure the following has occurred:

• an extensive and documented search for relatives or other significant persons who can provide a safe, permanent home for the child or ongoing support and cultural connection;

  • Search through available resources to identify and locate a Native American adoptive family. Resources may include tribal social services, the National Indian Child Welfare Association, Indian communities and organizations, the Arizona Adoption Exchange Book, Arizona Statewide Newsletter, Wednesday’s Child, National Adoption Exchange, Communities for Children, prior to considering a non-Native American adoptive family.

• a request for Family Locate (When the location of the parent or relative is unknown for more information see Locating Missing Parents and Family for Notification); and

• active efforts are met. For more information on active efforts see Family Reunification of an Indian Child.

Meet with the Attorney General to discuss the case and prepare for court.

Inform the parent(s) of the pending court proceeding to terminate the parent-child relationship; the consequences of the proceedings and actions that the parent(s) must take including responding to the petition through the parent's attorney or requesting the court appoint an attorney; if not already appointed.

Providing the Final Adoption Decree

When providing the final adoption decree to the Bureau of Indian Affairs and the child’s tribe(s), include the following information:

• the name and tribal affiliation of the child;

• the child’s enrollment number and certificate of Indian blood, if available;

• the child’s social security number;

• the names, addresses and social security numbers of the birth parents;

• the names and addresses of the adoptive parents; and

• the identity of any agency having files or information relating to the adoption.

Submit a copy of the final adoption decree to the child’s tribe (tribe’s social worker or tribal enrollment office) within 30 days of the adoption finalization. In addition, send the final adoption decree to:

Department of the Interior
Bureau of Indian Affairs
Division of Social Services
1849 C Street, NW, MS-4603-MIB
Washington, D.C. 20240

Bureau of Indian Affairs
Western Regional Office
Attention: Regional Social Worker
P.O. Box 10
Phoenix, AZ 85001

Documentation

Ensure the child’s health information is updated in Guardian. Contact CHPHealthServices@azdcs.gov if there are issues with the child’s health information.

Document, in detail, in the Notes tab efforts to locate an adoptive placement consistent with ICWA’s adoptive placement preferences or good cause to deviate from those preferences.

Document in Notes when the child consents to adoption.

Effective Date: February 1, 2021

Revision History: November 30, 2012, December 13, 2013