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Q: |
What steps must be taken to place an Indian child in foster care or adoptive placement?
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In accordance with California Rules of Court and Indian Child Custody Guidelines, testimony from a qualified Indian Child Welfare expert witness is required to address whether continued care and custody by the parent or Indian Custodian would cause serious emotional or physical damage. Evidence must be clear and convincing and supported by an expert witness.
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How long can an Indian child be placed in temporary foster care?
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Up to 90 days, a child can not remain in foster care longer than 90 days without testimony from and expert witness that continued care and custody by the parent or Indian Custodian would cause serious emotional or physical damage. Evidence must be clear and convincing and supported by an expert witness.
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Do Indian Tribe’s have a right to modify the Indian Child Welfare foster care placement preference order?
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Yes, Tribes may modify placement order by way of tribal resolution.
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How long are State Courts required to wait for a Tribal response to a Notice of Involuntary Court Proceeding for an Indian child before they can proceed in the child welfare matter as though it were non-ICWA eligible?
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60 days. This is a new change in the law as of 2005. If after 60 days, the state court has not received a response from a tribal agency regarding a child's eligibility status, the state court may determine that the Act does not apply; unless, further evidence of the applicability of the Act is later received. |
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Q: |
Does the Indian Child Welfare Program cover 601/602 Juvenile Offender cases? |
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Yes, if those children are at risk of entering foster care or guardianship placement.
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Q: |
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Can Tribal Programs develop foster care services to assist Indian children involved in the child welfare system? |
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Can they also locate those services on
the reservation? |
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Yes to both a and b.
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Q: |
Are ICWA Representative Positions critical for the welfare of Indian children?
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Yes, ICWA representatives are instrumental to positive working relationships between Tribal agencies and state/county child welfare departments.
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Q: |
How is Tribal foster care services funded?
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They can be funded with federal, tribal or county foster care funds.
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Contact Gledhill Consulting
for more information |
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