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Neb.
Admin. Code 6-002.15
NEBRASKA
ADMINISTRATIVE CODE
HEALTH
AND HUMAN SERVICES SYSTEM
TITLE
390: CHILD WELFARE
CHAPTER
6 - PERMANENCY FOR CHILDREN
6-002.15 ADOPTION PLACEMENT CONSIDERATIONS FOR NATIVE AMERICAN CHILDREN
To
insure compliance with the Indian Child Welfare Act, the Department
will actively pursue an adoptive placement of a Native American
child in the following order of preference:
1. A member of the child's extended family,
2. Other members of the child's tribe, and
3. Other Native American families.
If
a Native American child's tribe has established a different order
of placement preference, the order the tribe has established will
be followed as long as the placement is the least
restrictive placement appropriate to meet the particular needs of the
child.
Good
cause to depart from the order of preference for placement
listed above must be based upon one or more of
the following considerations:
1. The request of biological parents or of the
child, (if the child is age 12 or older) for
a specific placement.
2. Extraordinary physical, medical, cultural, educational, or emotional needs
of the child, as established through the written report or
testimony of a person with the following qualifications:
a. A member of the Indian child's tribe
who is recognized by the tribal community as knowledgeable in
tribal customs as they pertain to family organizations and child-rearing
practices;
b. A lay person having substantial expertise in
delivery of children's and family
services to Indians, and extensive knowledge of the prevailing social
and cultural standards and child-rearing practices within the child's tribe.
3. The unavailability of suitable families for placement after
a diligent search is completed for families, including at minimum
but not limited to:
a. Contacting the child's tribal social service program,
b. Searching a list of all licensed foster
homes in the state, and
c. Contacting nationally known Indian programs known to
have available placement resources.
Justification
for good cause to depart from the placement preference will
be fully documented.
AUTHORITY
AND SOURCE
Statutory
References: Indian Child Welfare Act of 1978, 25 U.S. Code,
Sections 1901 et seq., The Nebraska Indian Child Welfare Act,
Neb. Rev. Stat. Sections 43-1501 et seq.
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