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Or. Admin. R. 413-070-0120

OREGON ADMINISTRATIVE RULES COMPILATION

CHAPTER 413. DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS

DIVISION 70. SUBSTITUTE CARE

PLACEMENT OF INDIAN CHILDREN

 


413-070-0120 Definitions


To ensure total compliance, it is important to remember that when proceedings involving an Indian child invoke this Act, terms including, but not limited to foster care, termination of parental rights, pre-adoptive and adoptive placement have the meaning stated in the Act, not the meaning as established by Oregon law.


(1) "Act" or "ICWA" means the Indian Child Welfare Act.


(2) "Adoptive Placement" is the permanent placement of an Indian child for adoption and includes any action which results in a decree of adoption. Such action includes voluntary relinquishment of a parent's rights.


(3) "Agency" means the Department of Human Services (DHS).


 

(4) "Diligent Search" means that, at a minimum, there will be contact with the child's tribal social service program, a search of all county or state listings of available Indian homes, and contact with local, regional, and nationally known Indian programs that have placement resources available for Indian children.


(5) "Extended Family" is defined by the law or custom of the Indian child's tribe. In the absence of law or custom, it shall be a person 18 or over who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin or stepparent.


(6) "Foster Care Placement" is any action removing or which could result in the removal of a child from his/her parent or Indian custodian (such as court-ordered supervision in the home) for placement in foster care or institution or with a guardian, where the parent(s) or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated.

(7) "Indian" is any person who is a member of or eligible for membership in an Indian tribe or who is an Alaskan native and a member of a Regional Corporation as defined in 43 USC§1606.


(8) "Indian Child" is any unmarried person under age eighteen who is either a member of an Indian tribe or is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.


(9) "Indian Child Welfare Act Manager (ICWA Manager)" staff who monitors DHS Child, Adult and Family Services (CAFS) policy and procedures towards compliance with the Indian Cihld Welfare Act; investigates complaints of non-compliance from Tribes; provides consultation to caseworkers relating to law and administrative rules; and provides ICWA materials and training."


(10) "Indian Child's Tribe" is the Indian tribe in which an Indian child is a member or eligible for membership. In the case of an Indian child who is a member or eligible for membership in more than one Indian tribe, it is the Indian tribe with which the Indian child has the most significant contacts.


(11) "Indian Custodian" is any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control has been transferred by the parent of such child.


(12) "Indian Organization" is any group, association, partnership, corporation, or legal entity owned or controlled by Indians or a majority of whose members are Indians, such as an Indian Child Welfare Committee.

(13) "Indian Tribe" is any Indian tribe, band, nation or organized group or community of Indians who are recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska native village as defined in 43 USC§1606, and any tribe whose federal relationship has been terminated by congressional action.


(14) "Involuntary Proceeding" is any action removing a child from a parent/Indian custodian and such parent/Indian custodian cannot have the child returned upon demand.


(15) "Judicial Hours" means the number of hours a court is available to hold a hearing. Legal holidays and weekends do not count as judicial hours.


(16) "Parent" is any biological parent or parents of any Indian child or any Indian person who has lawfully adopted an Indian child. This includes adoption by tribal law or custom. It does not include unwed fathers where paternity has not been established or acknowledged.


(17) "Pre-Adoptive Placement" is the temporary placement of an Indian child after termination of parental rights in a foster home or institution prior to or instead of an adoptive placement. This definition includes, but is not limited to, the following: placement of the child in a foster home prior to the selection of an adoptive family; placement of a child in a foster home which becomes the child's adoptive home once the child is legally free; and placement of the child in an adoptive home which is used as a foster home until the child is legally free.


(18) "Reservation" means Indian country as defined in 18 USC§1151, and any lands not covered under such section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation.


 

(19) "Secretary" means the Secretary of the Interior.


(20) "Termination of Parental Rights" is action which results in the termination of the parent-child relationship.


(21) "Tribal Court" is the court which holds jurisdiction over Indian child custody proceedings and is either a Court of Indian Offenses, a court established and operated under code or custom of an Indian tribe, or any other administrative body of a tribe which is vested with authority over child custody proceedings.


(22) "Voluntary Proceeding" is any action in which a parent/Indian custodian has voluntarily given custody of his/her child to another and such voluntary action does not prohibit the parent/Indian custodian from regaining custody of the child at any time.

 


 

[Publications: Publications referenced are available from the agency.]


 

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