Or. Admin. Code § 413-115-0040 - Inquiry and Actions to Determine a Child's Tribal Membership Under the ORICWA
(1) When the
Department receives screening information under OAR
413-015-0205, the screener must
inquire whether the child is an Indian child.
The screener must document the reporter's response and search the
Department's information system to determine if the
child(ren) has American Indian or Alaskan
Native ancestry. If the screener receives information that the
child may be an Indian child, and the
tribe(s) is named, the screener must send a copy of the screening report to the
tribe(s) within 24 hours after the screening decision is complete.
(2) The agency must inquire into whether the
child is an Indian child and must work with
the: child, the parent, the
parents, Indian Custodian, any person having
custody of the child or whom the child
resides with, extended family members of the
child, and any other person who may reasonably be expected to
have information regarding the child's
membership or eligibility for membership in
an Indian tribe to gather detailed information regarding:
(a) Tribal affiliation,
membership;
(b)
Whether the child is or has been a ward of a tribal
court; and
(c) The
child's or the child's
parents' or Indian custodian's
domicile.
(3) If, during ODHS inquiry under subsection
(2), or at any time during an open child welfare case the
Department receives information that the
child is or may be an Indian child under the
ORICWA, the Department must work with the
child's parents or Indian
custodian to gather detailed information regarding the
child's eligibility for tribal
membership.
(4)
When information regarding potential tribal membership or
enrollment is received under subsection (1), (2) or (3) of this rule and the
provisions of the OR ICWA apply, the
Department must:
(a) After
receiving information regarding tribal membership or
enrollment, document the information on a form approved by the
Department; and
(b) Submit written notification of initial
contact and inquiry regarding the child's
membership or enrollment eligibility to the tribe(s)
designated ORICWA Agent(s) in which the
child is or may be eligible for membership.
(A) Oregon tribes. Notification of initial
contact and inquiry must be sent to the appropriate tribe(s) within one
business day of receiving the information regarding tribal
membership.
(B)
Out-of-state tribes. The search for the appropriate tribal contact(s) must be
initiated within two business days of receiving the information regarding
tribal membership. Notification of initial contact and inquiry
must be sent to the appropriate tribe(s) within five business days of receiving
the information regarding tribal membership.
(c) Inquiry submitted under
subsection (4)(b) of this rule must include all of the following information,
if known:
(A) The name, birthdate and
birthplace of the child.
(B) The child's
domicile and residence.
(C) Whether the child is a
ward of a tribal court.
(D) The name of each Indian
tribe in which the child is a member
(or may be eligible for membership if a biological
parent is a member).
(E) All known names (including maiden,
married, former or aliases), birthdates, birthplaces and tribal enrollment
members of both biological parents and direct
lineal ancestors.
(5) When making an inquiry under this
section, the Department must request that any tribe receiving
information under this section keep documents and information regarding the
inquiry confidential if a consenting parent in an adoption
proceeding under ORS 109.304 to
109.410 requests anonymity. A
consenting parent's request for anonymity does not relieve the
court or any party in an adoption proceeding from the duty to
verify whether the child is an Indian
child.
(6) When additional
consultation is needed, the caseworker or Department staff may
contact the Tribal Affairs Unit.
(7) The Department must
document each action to determine the child's Tribal
membership status in the Department's
information system by the conclusion of the assessment.
(8) The Department must
continue to inquire to obtain a child's status regarding
tribal membership or eligibility for
membership until the documented determination required under
OAR 413-115-0030 is
completed.
(9) When the
Department receives confirmation that the
child is a member or eligible for
membership, the case must be managed according to the
provisions of the ORICWA and OAR
413-115-0030(2).
(10) The Department must
submit to the court a report, declaration, or testimony on the record that the
Department or other party used due diligence
to identify and work with all the tribes of which there is reason to
know the child may be a member or be
eligible for membership to verify whether:
(a) The child is a
member; or
(b) The
child is eligible for membership and is the
biological child of a member.
Notes
Statutory/Other Authority: ORS 418.005 & ORS 409.050
Statutes/Other Implemented: ORS 418.005
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