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Wash. Admin. Code § 388-70-450

WASHINGTON ADMINISTRATIVE CODE

TITLE 388. SOCIAL AND HEALTH SERVICES, DEPARTMENT OF

CHAPTER 388-70. CHILD WELFARE SERVICES--FOSTER CARE--ADOPTION SERVICES--

SERVICES TO UNMARRIED PARENTS--FOSTER CARE--ADOPTION

 


388-70-450. Adoptive planning for Indian children by department staff.


(1) Definitions: For the purposes of these rules the term 'Indian' includes the following groups:


(a) Enrolled Indian


(i) Any person who is enrolled or eligible for enrollment in a recognized tribe.


(ii) Any person determined, or eligible to be found, to be an Indian by the secretary of the interior.


(iii) An Eskimo, Aleut or other Alaskan native.


(b) Canadian Indian: A person who is a member of a treaty tribe, Metis community or nonstatus Indian community from Canada.


(c) Unenrolled Indian: A person considered to be an Indian by a federally or nonfederally recognized tribe or urban Indian/Alaskan native community organization.


(2) An adoptive family shall be considered Indian if one or both parents are Indian by the above definitions.


(3) In adoptive planning for Indian children, the unique tribal, cultural and religious sovereignty of Indian nations, tribes and communities shall be recognized. When consistent with the wishes of the biological parents and/or the child, the adoption of Indian children by Indian families is the primary goal.


(4) Standards implementing the policy are:


(a) Adoption exchange. In the referrals for an Indian child, adoptive homes having the following characteristics shall be given preference in the following order, each category being allowed 30 days before proceeding to the next.


(i) An Indian family of the same tribe as the child.


(ii) A Washington Indian family considering tribal cultural differences.


(iii) An Indian family from elsewhere in the United States or Canada through the adoption resource exchange of North America. Attention shall be given to matching the child's tribal culture to that of the adoptive family.


(iv) Any other family which can provide a suitable home to an Indian child, as well as instill pride and understanding in the child's tribal and cultural heritage.


(b) Foster parent adoptions: As a part of the total evaluation for approving a foster parent adoption of an Indian child, ESSO service staff shall document the foster family's past performance and future commitment in exposing the child to its Indian tribal and cultural heritage. The child's wish to be involved in his Indian culture shall be considered.


(c) When an Indian child, in the custody of an out-of-state agency, is referred for potential adoptive parents residing in Washington, documentation shall be obtained that assures the department's standards for planning for Indian children have been complied with.


(5) Local staff shall consult with an Indian child welfare committee in planning for placement of Indian children.



Order 1167, S 388-70-450, filed 10/27/76.