Neb. Admin. Code 6-002.15

NEBRASKA ADMINISTRATIVE CODE

HEALTH AND HUMAN SERVICES SYSTEM

TITLE 390: CHILD WELFARE

CHAPTER 6 - PERMANENCY FOR CHILDREN

6-002.15 ADOPTION PLACEMENT CONSIDERATIONS FOR NATIVE AMERICAN CHILDREN

To insure compliance with the Indian Child Welfare Act, the Department will actively pursue an adoptive placement of a Native American child in the following order of preference:

1. A member of the child's extended family,

2. Other members of the child's tribe, and

3. Other Native American families.

If a Native American child's tribe has established a different order of placement preference, the order the tribe has established will be followed as long as the placement is the least restrictive placement appropriate to meet the particular needs of the child.

Good cause to depart from the order of preference for placement listed above must be based upon one or more of the following considerations:

1. The request of biological parents or of the child, (if the child is age 12 or older) for a specific placement.

2. Extraordinary physical, medical, cultural, educational, or emotional needs of the child, as established through the written report or testimony of a person with the following qualifications:

a. A member of the Indian child's tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organizations and child-rearing practices;

b. A lay person having substantial expertise in delivery of children's and family services to Indians, and extensive knowledge of the prevailing social and cultural standards and child-rearing practices within the child's tribe.

3. The unavailability of suitable families for placement after a diligent search is completed for families, including at minimum but not limited to:

a. Contacting the child's tribal social service program,

b. Searching a list of all licensed foster homes in the state, and

c. Contacting nationally known Indian programs known to have available placement resources.

Justification for good cause to depart from the placement preference will be fully documented.

AUTHORITY AND SOURCE

Statutory References: Indian Child Welfare Act of 1978, 25 U.S. Code, Sections 1901 et seq., The Nebraska Indian Child Welfare Act, Neb. Rev. Stat. Sections 43-1501 et seq.