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Or. Admin. R. 413-070-0100

OREGON ADMINISTRATIVE RULES COMPILATION

CHAPTER 413. DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS

DIVISION 70. SUBSTITUTE CARE

PLACEMENT OF INDIAN CHILDREN

 


413-070-0100 Policy Statement and Purpose of Rules


(1) On November 8, l978, under its power over Indian affairs and its "responsibility for the protection and preservation of Indian tribes and their resources," Congress enacted the Indian Child Welfare Act (the Act or ICWA) of 1978. The Act was passed because Congress found that "an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children" by courts and welfare departments and placed in non-Indian homes and institutions.


(2) The Act sets forth that it is the policy of this nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum federal standards for the removal of Indian children from their families. Further, placement of such children will be made in foster or adoptive homes which will reflect the unique values of Indian culture.


(3) This remedial aspect of the Indian Child Welfare Act establishes the manner in which the administrative rules will guide the Department of Human Services (DHS) in adhering to the letter and spirit of the Act.



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