OAR 411-346-0130: Indian Child Welfare Act

The Indian Child Welfare Act (ICWA) gives federally recognized Native American tribes the authority to select a home for a child protected by the ICWA. Tribes and Alaskan Native Regional Corporations may license, approve, or specify a foster home for a child protected by the ICWA. The tribe is authorized to decide which of the following three preferences to use or whether to request that the Department or DHS-CW certify the home. When the tribe requests the Department to certify the home, the Department shall use these rules for certification. Native American children placed in relative homes whether licensed, certified, or selected by the tribe are eligible for foster care payments when DHS-CW has legal custody. Preference shall be given for placement with: (1) A member of the Native American child's extended family; (2) A foster home licensed, approved, or specified by the child's tribe; or (3) A Native American foster home licensed or approved by an authorized non-Native American licensing authority.