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St. Juv. P. § 232B.11
Iowa
Code
Title
VI. Human Services
Subtitle
5. Juveniles
Chapter
232B. Indian Child Welfare Act
232B.11. Agreements
with tribes for care and custody of Indian children
1. The director of human services or the director's designee shall make
a good faith effort to enter into agreements with Indian tribes regarding
jurisdiction over child custody proceedings and the care and custody of
Indian children whose tribes have land within Iowa, including but not
limited to the Sac and Fox tribe, the Omaha tribe, the Ponca tribe, and
the Winnebago tribe, and whose tribes have an Indian child who resides
in the state of Iowa. An agreement shall seek to promote the continued
existence and integrity of the Indian tribe as a political entity and
the vital interest of Indian children in securing and maintaining a political,
cultural, and social relationship with their tribes. An agreement shall
assure that tribal services and Indian organizations or agencies are used
to the greatest extent practicable in planning and implementing any action
pursuant to the agreement concerning the care and custody
of Indian children. If tribal services are not available, an agreement
shall assure that community services and resources developed specifically
for Indian families will be used.
2.
If an agreement entered into between the tribe and the department of human
services pertaining to the funding of foster care placements for Indian
children conflicts with any federal or state law, the state in a timely,
good faith manner shall agree to amend the agreement in a way that prevents
any interruption of services to eligible Indian children.
3.
An agreement entered into under this section may be revoked by either
party by giving one hundred eighty days' advance written notice to the
other party. The revocation shall not affect any action or proceeding
over which a court has already assumed jurisdiction, unless the agreement
provides otherwise.
CREDIT(S)
Added
by Acts 2003 (80 G.A.) ch. 153, § 12.
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