Placement Preferences 622-05-45-10

(Revised 10/1/2019 ML #3564)

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Foster parents may be considered, but are not guaranteed, to be a permanent placement option for the child. Foster parents shall sign an acknowledgement (SFN 842) that federal law establishes a permanency preference requiring states to consider relatives of the foster child.

 

All efforts for child placement must include analysis of cultural preference and accommodations to best meet the needs of the child. All efforts should be made to ensure the placement of a child is in a location where the parent can have ongoing access to the child without undue economic, physical, or cultural hardship. Placement decisions are made by the custodial agency supervising the child.

 

When ICWA applies to an Indian child, placement preferences apply in any foster care, pre-adoptive, and adoptive placement, unless the court finds good cause to deviate from the placement preferences, or the Indian child’s Tribe has established a different order of preference than those identified by ICWA law.

 

  1. 1. Order of ICWA Placement Preference are:
  1. A member of the child's extended family,
  2. A foster home licensed or specified by the Tribe,
  3. An American Indian foster home approved by the state, or a
  4. A group home or facility approved by a Tribe or operated by an American Indian organization that has a program suitable to meet the child's needs.

The foster parents should be made aware of the cultural background of the children in their care. Opportunities should be available for children in foster care to learn about and participate in cultural activities that are unique to their particular background as requested by the foster child, parents, or supervising agency.