|
Ohio
Admin. Code § 5101:2-42-48
OHIO
ADMINISTRATIVE CODE ANNOTATED
5101.
JOB AND FAMILY SERVICES DEPARTMENT
5101:2.
JOB AND FAMILY SERVICES DEPARTMENT--SOCIAL SERVICES DIVISION
CHAPTER
5101:2-42. SUBSTITUTE CARE
5101:2-42-48 Agency administrative
responsibilities for children affected by the Indian Child Welfare Act
Public children services
agencies and private child-placing agencies (hereinafter referred to as
"agencies") must act in accordance with the requirements and
policies set forth in rules 5101:2-42-48 to 5101:2-42-59 of the Administrative
Code. These rules of the Administrative Code are designed to implement
the requirements of Public Law 95-608, the Indian Child Welfare Act, which
vests tribal courts with jurisdiction over custody proceedings
involving Indian children to assure that their culture is protected and
that services provided to the Indian child are in the child's best interest.
(A) Regulations of Public
Law 95-608 apply to all fifty states, with or without reservations, and
regardless of the size of each state's Indian population. Ohio has no
federally recognized Indian tribes, reservations, or tribal courts to
assume jurisdiction. Consequently, when necessary and appropriate, a case
may be transferred to a tribal court out of state.
(B) Regulations of Public
Law 95-608 are designed to identify children affected by this law and
determine how it can be used to increase the quality of services offered
to Indian children.
(C) Specific procedures
concerning custody, placement, reporting and recordkeeping must be established.
These procedures must be observed for eligible Indian children irrespective
of judicial jurisdiction. Requirements affecting all children served by
all Ohio agencies (e.g., case records, plans, reviews, hearings, etc.)
must be met for the Indian child.
HISTORY: 2002-03 OMR 1486
(A), eff. 2-1-03; 1986-87 OMR 1053 (E), eff. 4-1-87
|