OAR 413-115-0040
Inquiry and Actions to Determine a Child’s Tribal Membership or Enrollment Under the ICWA
(1)
When the Department receives screening information under OAR 413-015-0205 (Information Received), 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 Native American 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, any person having custody of the child or whom the child resides with, extended family members of the child or Indian Custodian, 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 membership or enrollment;(b)
Whether the child is a ward of a tribal court; or(c)
The child or the child’s parents’ or Indian custodian’s domicile.(3)
If 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 ICWA, the Department must work with the child’s parents or Indian custodian to gather detailed information regarding tribal membership or enrollment.(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 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 Tribal Agent in which the child is or may be a member or is enrolled or may be eligible for membership or enrollment.(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.(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 or enrollment if a biological parent is a member).(E)
All known names (including maiden, married, former or aliases) of the parents, the parents’ birthdates and birthplaces, and tribal enrollment numbers.(5)
When additional consultation is needed, the caseworker or Department staff may contact the Tribal Affairs Unit.(6)
The Department must document each action to determine the child’s Tribal membership or enrollment status in the Department’s information system within five business days of the assessment being complete.(7)
The Department must continue to inquire to obtain a child’s status regarding tribal membership or eligibility for membership or enrollment until the documented determination required under OAR 413-115-0030 (Tribal Membership and Enrollment) is completed.(8)
When the Department receives confirmation that the child is a member or enrolled or eligible for membership or enrollment, the case must be managed according to the provisions of the ICWA and OAR 413-115-0030 (Tribal Membership and Enrollment)(2).(9)
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 of the tribes of which there is reason to know the child may be a member or be eligible for membership to verify whether:
Source:
Rule 413-115-0040 — Inquiry and Actions to Determine a Child's Tribal Membership or Enrollment Under the ICWA, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-115-0040.