Everything you always wanted to know about the use of tribally approved homes as placement options for Indian children under county jurisdiction. The letter reviews federally recognized tribes’ ability to establish licensing/approval standards and to approve homes for foster or pre-adoptive placement placements; consideration of tribally approved homes for the potential placements; that licensing/approval requirements cannot be used as rationale for not placing an Indian child in a tribally-approved home. Additionally, tribes are not required to have a Title IV-E agreement in order for counties to be authorized to use tribally approved homes; workers must still conduct the background clearance of all adults; to get written confirmation from the tribe regarding approval of a home; and to explore the potential tribal placement options once a child’s tribal affiliation is known. The letter reviews the the placement and adoption preferences and priorities. In cases of non-federally recognized tribes, the county may consider the tribe’s request for placement, but the home is still subject to county licensing and/or relative approval standards.

The letter also includes information about out-of-state and out-of-area tribes, standards and placement requirements; the Interstate Compact on the Placement of Children rules vis-a-vis tribal placements; and court jurisdiction. Placements in tribally approved homes under the jurisdiction of a county dependency or juvenile court and supervised by the child welfare agency or probation department, continue to qualify for Title IV-E foster care maintenance payments or adoption assistance benefits as long as the home is on or near an Indian reservation.

DSS also reminds counties that social workers have an affirmative duty to ask about any possible Indian heritage. Technical assistance resources to help counties work with tribal placements are on-line. [Download]

This letter implements the portions of Assembly Bill (AB) 2651 (effective October 1, 2008) relating to prospective foster and certified parents, relatives and Non-relative Extended Family Members (NREFM), and those adults who are not specifically exempted from the fingerprint requirements. (Look for a a separate ACL on AB 2651’s application to prospective adoptive parents.) The bill added new non-exemptible crime categories that would prohibit licensing foster home or placing a child. (Some offenses are non-exemptable for life; some for 5 years.

These changes do not apply to licenses or approvals wherein a caregiver was granted a criminal record exemption before October 1, 2008. Existing care providers will not be required to be live scanned again at the time of the annual visit/re-approval under these amendments, as they are already subject to subsequent arrest notification provisions. However, if a new adult moves into an existing care provider’s home, that adult will be subject to these amendments. Existing care providers who move will not be affected by these amendments because an existing license, certification, or
approval may now be transferred to a new location without triggering the reevaluation of a previously granted exemption for one of these new crimes. [Download]

Transmittal of information about a new law that allows for the release of information to birth relatives of previously adopted children whose adoption failed or was set aside, and the child returned to the foster care system. The provisions of this statute apply to a child who meets all of the following criteria: 1. Does not have an appropriate potential caretaker that exists from his/her adoptive family, including a non-relative extended family member (NREFM) of the adoptive family; 2. Was previously a dependent of the court; 3. Was previously adopted and the adoption has been disrupted, set aside or has been released into the custody of CDSS or a licensed adoption agency by the adoptive parent(s); and 4. Was not the subject of a voluntary relinquishment by the birth parent(s). Effective January 1, 2008, when a child who meets the above criteria is removed, the agency should use the same standards and procedures to identify a safe and permanent home as utilized when a child is removed from their birth parent(s). The same preferential consideration given to a birth relative who requests placement of the previously adopted child in their home should be used. Once the birth relative is found, and desires to provide a safe and permanent home, the agency may furnish identifying information relating to the child to that relative, if doing so promotes the welfare of the child. [Download]