Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-28 - OUT-OF-HOME CARE › Section 65C-28.013 - Indian Child Welfare Act

Current through Reg. 50, No. 138; July 16, 2024
The Indian Child Welfare Act of 1978 (the Act) is federal
				  legislation found in 25
				  U.S.C. 1901 et seq., that governs child
				  custody proceedings involving children who are members of an Indian tribe or
				  Alaskan Native children as defined by the Act.
(1) The child welfare professional shall
				determine at the onset of each child protective investigation if the child is a
				member of an Indian tribe or Alaskan Native child as defined by the Act. To
				determine eligibility, the child welfare professional shall complete the
				Verification of Indian Child Welfare Act Eligibility form, CF-FSP 5323, January
				2008, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11417
,
				and submit it to the Children's Legal Services (CLS) attorney. A Spanish
				version of the Verification of Indian Child Welfare Act Eligibility form,
				CF-FSP 5323S, January 2008, is incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11418
.
				If a child involved in a child protective investigation is suspected of being
				eligible for the protections of the Indian Child Welfare Act, CLS shall notify
				the Tribe immediately, but in no case later than one business day, and all
				legal proceedings and case planning activities shall be in compliance with the
				provisions of the Act and with any existing written Tribal Agreements between
				the Department and the child's tribe, unless or until it is determined that the
				Child is not eligible for the protections of the Act. All child protective
				investigations, ongoing safety and case management, and legal proceedings
				activities shall be documented in the Florida Safe Families Network
				(FSFN).
(2) The Indian child's
				parent or Indian custodian and his or her tribe shall be noticed of all legal
				and case planning activities. Any correspondence to or from the tribe shall be
				documented in FSFN and made a part of the court record and the Department or
				contracted service provider shall request to the court that the child's
				eligibility for the protections of the Indian Child Welfare Act be included in
				all findings and orders of the court.
(3) The criteria for enrollment in a tribe is
				established by the individual tribe and its decision is conclusive.
(4) If the tribe does not respond to written
				notification by the Department that an Indian child is the subject of an
				investigation, the Department or contracted service provider shall continue
				with ongoing efforts to communicate with the tribe. If the Indian tribe does
				not respond after continued efforts to communicate with the tribe have been
				made, the Department or contracted service provider shall write or call the
				Bureau of Indian Affairs area office located in the geographic region of the
				United States in which the child's tribe is located. Cases in which Indian
				ancestry has been reported to the Department or contracted service provider
				shall be handled as ICWA cases until proven to be otherwise.
(5) If the tribe does not assume legal
				jurisdiction, the tribe shall continue to receive notice of all judicial
				hearings and case planning reviews and be kept informed of changes in the
				status of the case. The tribe has a right to examine all reports or other
				documents filed with the court.
(6)
				If the tribe assumes legal jurisdiction, all case file documents (except the
				name of the reporter of the abuse, abandonment or neglect) and the child shall
				be released to the tribe.
(7)
				Placement of an Indian child shall be made in accordance with the placement
				preferences outlined in the Act. Attempts to place a child in accordance with
				the placement preferences outlined in the Act, and any failure to do so, shall
				be documented in FSFN. The placement preferences apply upon each move of the
				child while in out-of-home care.
(8) The Department or contracted service
				provider shall consult with Children's Legal Services regarding issues related
				to compliance with the provisions of the Indian Child Welfare Act. Consultation
				and the results of the consultation shall be documented in
				FSFN.
Rulemaking Authority
					 39.012,
					 39.0121(12),
					 (13) FS. Law Implemented
					 39.0137
					 FS.
New 5-4-06, Amended 5-8-16,
					 1-12-20.