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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

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