Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-53 - Indian Child Welfare Act › Section 5101:2-53-01 - Definitions related to the Indian Child Welfare Act (ICWA)

Current through all regulations passed and filed through July 1, 2024
(A) "Active
			 efforts" means affirmative, active, thorough, and timely
			 efforts intended primarily to maintain or reunite an Indian child with his or
			 her family. Where an agency is involved in the child custody proceeding, active
			 efforts involve assisting the parent or parents or Indian custodian through the
			 steps of a case plan and with accessing or developing the resources necessary
			 to satisfy the case plan. To the maximum extent possible, active efforts should
			 be provided in a manner consistent with the prevailing social and cultural
			 conditions and way of life of the Indian child's tribe and should be conducted
			 in partnership with the Indian child and the Indian child's parents, extended
			 family members, Indian custodians, and tribe. Active efforts shall be tailored
			 to the facts and circumstances of the case and may include, for example:
(1)
									Conducting a
			 comprehensive assessment of the circumstances of the Indian child's family,
			 with a focus on safe reunification as the most desirable goal;
(2)
									Identifying
			 appropriate services and helping the parents to overcome barriers, including
			 actively assisting the parents in obtaining such services;
(3)
									Identifying,
			 notifying, and inviting representatives of the Indian child's tribe to
			 participate in providing support and services to the Indian child's family and
			 in family team meetings, permanency planning, and resolution of placement
			 issues;
(4)
									Conducting or causing to be conducted a diligent search
			 for the Indian child's extended family members, and contacting and consulting
			 with extended family members to provide family structure and support for the
			 Indian child and the Indian child's parents;
(5)
									Offering and
			 employing all available and culturally appropriate family preservation
			 strategies and facilitating the use of remedial and rehabilitative services
			 provided by the child's tribe;
(6)
									Taking steps to
			 keep siblings together whenever possible;
(7)
									Supporting
			 regular visits with parents or Indian custodians in the most natural setting
			 possible as well as trial home visits of the Indian child during any period of
			 removal, consistent with the need to ensure the health, safety, and welfare of
			 the child;
(8)
									Identifying community resources including housing,
			 financial, transportation, mental health, substance abuse, and peer support
			 services and actively assisting the Indian child's parents or, when
			 appropriate, the child's family, in utilizing and accessing those
			 resources;
(9)
									Monitoring progress and participation in
			 services;
(10)
									Considering alternative ways to address the needs of
			 the Indian child's parents and, where appropriate, the family, if the optimum
			 services do not exist or are not available; and
(11)
									Providing
			 post-reunification services and monitoring.