Placement Preferences 622-05-45-10

(Revised 6/1/22 ML #3677)

View Archives

 

 

Federal law requires custodial agencies to identify a permanency plan for each child in foster care. Foster care providers may be considered, but are not guaranteed, to be a permanent placement option for a child in foster care. Each applicant on the foster care license must sign an acknowledgment that federal law establishes a permanency preference requiring states to consider relatives of the child in foster care. The acknowledgement is located in the licensing packet, SFN 1037.

 

Custodial agencies make placement decisions and must include analysis of cultural preference and accommodations to best meet the needs of the child in foster care. All efforts should be made to ensure the placement of a child in foster care is in a location where the parent can have ongoing access to the child without undue economic, physical, or cultural hardship.

 

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 Tribal Nation has established a different order of preference than those identified by ICWA law.

 

Order of ICWA Placement Preferences are:

1. A member of the child's extended family,
2. A foster care provider licensed or specified by the Tribal Nation,
3. An American Indian foster care provider approved by the state, or a
4. A group home or treatment facility approved by a Tribal Nation or operated by an American Indian organization that has a program suitable to meet the child's needs.

The foster care provider(s) 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 child in foster care, parents, or custodial agency.