(1)These rules may be superseded for a particular tribe by a written, signed agreement between the state and that tribe. Such agreement must be retained by the Office of Tribal Affairs and produced upon request.
(2)The Department must make a good faith effort to enter into a tribal-state agreement with any Indian tribe within the borders of this state. The Department may also enter into a tribal-state agreement with any Indian tribe outside of this state having significant numbers of member children or membership-eligible children residing in this state.
(3)The purposes of a tribal-state agreement are to promote the continued existence and integrity of the Indian tribe as a political entity and to protect the vital interests of Indian children in securing and maintaining political, cultural and social relationships with their tribe.
(4)A tribal-state agreement may include, but is not limited to, agreements regarding default jurisdiction over cases in which the state courts and tribal courts have concurrent jurisdiction, the transfer of cases between state courts and tribal courts, the assessment, removal, placement and custody of Indian children and any other child welfare services provided to Indian children.
(5)A tribal-state agreement must:
(a)Provide for the cooperative delivery of child welfare services to Indian children in this state, including the utilization, to the extent available, of services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population to implement the terms of the tribal-state agreement; and
(b)If services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population are unavailable, provide for the Department’s use of community services and resources developed specifically for Indian families and that have the demonstrated experience and capacity to provide culturally relevant and effective services to Indian children.
Rule 413-115-0140 — Tribal-State Agreement,