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St. Juv. P. § 232B.9
Iowa
Code
Title
VI. Human Services
Subtitle
5. Juveniles
Chapter
232B. Indian Child Welfare Act
232B.9. Placement preferences
1. In any adoptive or other permanent placement of an Indian child, preference
shall be given to a placement with one of the following, in descending
priority order:
a.
A member of the Indian child's family.
b.
Other members of the Indian child's tribe.
c.
Another Indian family.
d.
A non-Indian family approved by the Indian child's tribe.
e.
A non-Indian family that is committed to enabling the child to have extended
family visitation and participation in the cultural and ceremonial events
of the child's tribe.
2.
An emergency removal, foster care, or preadoptive placement of an Indian
child shall be in the least restrictive setting which most approximates
a family situation and in which the child's special needs, if any, may
be met. The child shall also be placed within reasonable proximity to
the child's home, taking into account any special needs of the child.
In any foster care or preadoptive placement, a preference shall be given
to the child's placement with one of the following, in descending priority
order:
a.
A member of the child's extended family.
b.
A foster home licensed, approved, or specified by the child's tribe.
c.
An Indian foster home licensed or approved by an authorized non-Indian
licensing authority.
d.
A child foster care agency approved by an Indian tribe or operated by
an Indian organization which has a program suitable to meet the Indian
child's needs.
e.
A non-Indian child foster care agency approved by the child's tribe.
f.
A non-Indian family committed to enabling the child to have extended family
visitation and participation in the cultural and ceremonial events of
the child's tribe.
3.
To the greatest possible extent, a placement made in accordance with subsection
1 or 2 shall be made in the best interest of the child.
4.
An adoptive placement of an Indian child shall not be ordered in the absence
of a determination, supported by clear and convincing evidence including
the testimony of qualified expert witnesses, that the placement of the
child is in the best interest of the child.
5.
Notwithstanding the placement preferences listed in subsections 1 and
2, if a different order of placement preference is established by the
child's tribe or in a binding agreement between the child's tribe and
the state entered into pursuant to section 232B.11, the court or agency
effecting the placement shall follow the order of preference established
by the tribe or in the agreement.
6.
As appropriate, the placement preference of the Indian child or parent
shall be considered. In applying the preferences, a consenting parent's
request for anonymity shall also be given weight by the court or agency
effecting the placement. Unless there is clear and convincing evidence
that placement within the order of preference applicable under subsection
1, 2, or 5 would be harmful to the Indian child, consideration of the
preference of the Indian child or parent or a parent's request for anonymity
shall not be a basis for placing an Indian child outside of the applicable
order of preference.
7.
The prevailing social and cultural standards of the Indian community in
which the parent or extended family members of an Indian child reside,
or with which such parent or extended family members maintain social and
cultural ties, or the prevailing social and cultural standards of the
Indian child's tribe shall be applied in qualifying any placement having
a preference under this section. A determination of the applicable prevailing
social and cultural standards shall be confirmed by the testimony or other
documented support of qualified expert witnesses.
8.
A record of each foster care placement, emergency removal, preadoptive
placement, or adoptive placement of an Indian child, under the laws of
this state, shall be maintained in perpetuity by the department of human
services in accordance with section 232B.13. The record shall document
the active efforts to comply with the applicable order of preference specified
in this section.
9.
The state of Iowa recognizes the authority of Indian tribes to license
foster homes and to license agencies to receive children for control,
care, and maintenance outside of the children's own homes, or to place,
receive, arrange the placement of, or assist in the placement of children
for foster care or adoption. The department of human services and child-placing
agencies licensed under chapter 238 may place children in foster homes
and facilities licensed by an Indian tribe.
CREDIT(S)
Added by Acts 2003 (80
G.A.) ch. 153, § 10.
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