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Or.
Admin. R. 413-070-0120
OREGON
ADMINISTRATIVE RULES COMPILATION
CHAPTER
413. DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
DIVISION
70. SUBSTITUTE CARE
PLACEMENT
OF INDIAN CHILDREN
413-070-0120
Definitions
To ensure total compliance,
it is important to remember that when proceedings involving an Indian
child invoke this Act, terms including, but not limited to foster care,
termination of parental rights, pre-adoptive and adoptive placement have
the meaning stated in the Act, not the meaning as established by Oregon
law.
(1) "Act" or
"ICWA" means the Indian Child Welfare Act.
(2) "Adoptive Placement"
is the permanent placement of an Indian child for adoption and includes
any action which results in a decree of adoption. Such action includes
voluntary relinquishment of a parent's rights.
(3) "Agency"
means the Department of Human Services (DHS).
(4)
"Diligent Search" means that, at a minimum, there will be contact
with the child's tribal social service program, a search of all county
or state listings of available Indian homes, and contact with local, regional,
and nationally known Indian programs that have placement resources available
for Indian children.
(5) "Extended Family"
is defined by the law or custom of the Indian child's tribe. In the absence
of law or custom, it shall be a person 18 or over who is the Indian child's
grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law,
niece or nephew, first or second cousin or stepparent.
(6) "Foster Care
Placement" is any action removing or which could result in the removal
of a child from his/her parent or Indian custodian (such as court-ordered
supervision in the home) for placement in foster care or institution or
with a guardian, where the parent(s) or Indian custodian cannot have the
child returned upon demand, but where parental rights have not been terminated.
(7) "Indian"
is any person who is a member of or eligible for membership in an Indian
tribe or who is an Alaskan native and a member of a Regional Corporation
as defined in 43 USC§1606.
(8) "Indian Child"
is any unmarried person under age eighteen who is either a member of an
Indian tribe or is eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe.
(9) "Indian Child
Welfare Act Manager (ICWA Manager)" staff who monitors DHS Child,
Adult and Family Services (CAFS) policy and procedures towards compliance
with the Indian Cihld Welfare Act; investigates complaints of non-compliance
from Tribes; provides consultation to caseworkers relating to law and
administrative rules; and provides ICWA materials and training."
(10) "Indian Child's
Tribe" is the Indian tribe in which an Indian child is a member or
eligible for membership. In the case of an Indian child who is a member
or eligible for membership in more than one Indian tribe, it is the Indian
tribe with which the Indian child has the most significant contacts.
(11) "Indian Custodian"
is any Indian person who has legal custody of an Indian child under tribal
law or custom or under state law or to whom temporary physical care, custody,
and control has been transferred by the parent of such child.
(12) "Indian Organization"
is any group, association, partnership, corporation, or legal entity owned
or controlled by Indians or a majority of whose members are Indians, such
as an Indian Child Welfare Committee.
(13) "Indian Tribe"
is any Indian tribe, band, nation or organized group or community of Indians
who are recognized as eligible for services provided to Indians by the
Secretary of the Interior because of their status as Indians, including
any Alaska native village as defined in 43
USC§1606,
and any tribe whose federal relationship has been terminated by congressional
action.
(14) "Involuntary
Proceeding" is any action removing a child from a parent/Indian
custodian and such parent/Indian custodian cannot have the child returned
upon demand.
(15) "Judicial Hours"
means the number of hours a court is available to hold a hearing. Legal
holidays and weekends do not count as judicial hours.
(16) "Parent"
is any biological parent or parents of any Indian child or any Indian
person who has lawfully adopted an Indian child. This includes adoption
by tribal law or custom. It does not include unwed fathers where paternity
has not been established or acknowledged.
(17) "Pre-Adoptive
Placement" is the temporary placement of an Indian child after termination
of parental rights in a foster home or institution prior to or instead
of an adoptive placement. This definition includes, but is not limited
to, the following: placement of the child in a foster home prior to the
selection of an adoptive family; placement of a child in a foster home
which becomes the child's adoptive home once the child is legally free;
and placement of the child in an adoptive home which is used as a foster
home until the child is legally free.
(18) "Reservation"
means Indian country as defined in 18
USC§1151,
and any lands not covered under such section, title to which is either
held by the United States in trust for the benefit of any Indian tribe
or individual or held by any Indian tribe or individual subject to a restriction
by the United States against alienation.
(19)
"Secretary" means the Secretary of the Interior.
(20) "Termination
of Parental Rights" is action which results in the termination of
the parent-child relationship.
(21) "Tribal Court"
is the court which holds jurisdiction over Indian child custody proceedings
and is either a Court of Indian Offenses, a court established and operated
under code or custom of an Indian tribe, or any other administrative body
of a tribe which is vested with authority over child custody proceedings.
(22) "Voluntary Proceeding"
is any action in which a parent/Indian custodian has voluntarily given
custody of his/her child to another and such voluntary action does not
prohibit the parent/Indian custodian from regaining custody of the child
at any time.
[Publications:
Publications referenced are available from the agency.]
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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