Or. Admin. R. 411-346-0130

OREGON ADMINISTRATIVE RULES COMPILATION

CHAPTER 411. DEPARTMENT OF HUMAN RESOURCES, SENIORS AND PEOPLE WITH

DISABILITIES

DIVISION 346. CHILD FOSTER HOMES

 


411-346-0130 Indian Child Welfare Act


The Indian Child Welfare Act (ICWA) gives federally recognized Indian tribes the authority to select homes for children protected by the Act. Tribes and Alaskan Native Regional Corporations may license, approve or specify a foster home for children protected by the Act. The tribe is authorized to decide which of these three preferences to use, or whether to request that The Department or DHS-CW certify the home. When the tribe requests the Department to certify the home, the Department will use the Department standards for certification. Indian children placed in relative homes, whether licensed, certified or selected by the tribe are eligible for foster care payments when DHS-CW has legal custody. Preference will be given for placement with:


 

(1) A member of the Indian child's extended family;


(2) A foster home licensed, approved, or specified by the Indian child's tribe; or


(3) An Indian foster home licensed or approved by an authorized non-Indian licensing authority.


 


Stat. Auth.: ORS 443.830, 430.215, 409.050, 410.070


 


Stats. Implemented: ORS 443.835


 


Hist.: MHD 15-2000(Temp), f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01; Renumbered from 309-046-0130; SPD 34-2004, f. 11- 30-04, cert. ef. 1-1-05

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