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Or.
Admin. R. 413-070-0100
OREGON
ADMINISTRATIVE RULES COMPILATION
CHAPTER
413. DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
DIVISION
70. SUBSTITUTE CARE
PLACEMENT
OF INDIAN CHILDREN
413-070-0100
Policy Statement and Purpose of Rules
(1) On November 8, l978,
under its power over Indian affairs and its "responsibility for the
protection and preservation of Indian tribes and their resources,"
Congress enacted the Indian
Child Welfare Act
(the Act or ICWA) of 1978. The Act was passed because Congress found that
"an alarmingly high percentage of Indian families are broken up by
the removal, often unwarranted, of their children" by courts and
welfare departments and placed in non-Indian homes and institutions.
(2) The Act sets forth
that it is the policy of this nation to protect the best interests of
Indian children and to promote the stability and security of Indian tribes
and families by the establishment of minimum federal standards for
the removal of Indian children from their families. Further, placement
of such children will be made in foster or adoptive homes which will reflect
the unique values of Indian culture.
(3) This remedial aspect
of the Indian Child Welfare Act establishes the manner in which
the administrative rules will guide the Department of Human Services (DHS)
in adhering to the letter and spirit of the Act.
Stat. Auth.: ORS 418.005
Stats. Implemented: 25
USC §1901
Hist.: SCF 6-1995, f.
12-22-95, cert. ef. 12-29-95; SOSCF 41-2001, f. 12-31-01, cert. ef. 1-1-02
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