Indian Child - Not Xxxx of Tribal Court Sample Clauses

Indian Child - Not Xxxx of Tribal Court. If an Indian child is not a xxxx of the tribal court, DSHS may take steps to obtain a superior court order authorizing placement of the child in emergency xxxxxx care. DSHS will not take steps to obtain a superior court order authorizing an emergency placement of an Indian child in xxxxxx care. DSHS will not take steps to obtain a superior court order authorizing an emergency placement of an Indian Child in xxxxxx care unless such placement in necessary to prevent imminent physical damage or harm to the child, including sexual abuse. Following placement, DSHS will undertake “reasonable efforts” to make it possible to return the child to its home and shall take necessary steps to insure that the emergency xxxxxx care placement of the child terminates immediately when such placement is no longer necessary to prevent imminent physical damage or harm to the child, including sexual abuse. Upon termination of the placement, the child shall immediately be returned to his/her parent(s) or Indian custodian(s). Whenever an Indian child is placed in emergency xxxxxx care, DSHS will obtain judicial approval of such placement at the earliest possible time, but in no event shall an emergency xxxxxx care placement extend for a period longer that 72 hours excluding Saturdays, Sundays, and holidays unless the child is transferred to the jurisdiction of the Tribe and the tribal court orders a longer placement period, or unless DSHS obtains a superior court order approving a longer period of placement.
Sample 1
Indian Child - Not Xxxx of Tribal Court. If a parent or Indian custodian of an Indian child not a xxxx of the tribal court seeks to voluntarily relinquish and terminate parental rights or place an Indian child for adoption, DSHS shall advise the individuals involved of the provisions of the Act governing such matters, including the required placement preferences and the inapplicability of the notice and appearance waiver provisions of RCW 26.33.310. DSHS will advise the parent or Indian custodian and, if known, the prospective adoptive parents, that they may be able to relinquish and terminate parental rights or pursue the adoption of the Indian child through a proceeding in tribal court. Such advice will include informing the parent or Indian custodian and, if known, the prospective adoptive parents that: 1. Tribal court law and procedures may differ from state law. 2. Tribal court termination of parental rights and adoption orders are entitled to full faith and credit in all the states; 3. The requirements of the Indian Child Welfare Act may not apply in tribal court proceedings and that this may facilitate completion of the termination or adoption; and 4. DSHS will issue an amended birth certificate in compliance with the order of the tribal court when an adoptive decree is issued. DSHS will provide the parent or Indian custodian, and if known, the prospective adoptive parents, with the name, address, and phone number of the Tribe’s contact person. When a validation of a voluntary consent to relinquishment and termination of parental rights or adoption is to proceed in superior court, DSHS agrees to encourage the consenting parent or the court to engage an Indian interpreter or a representative of the Tribe’s social services program to participate in order to assure that the consent is voluntary and does not involve fraud or duress. The efforts of DSHS to secure the involvement of an Indian interpreter or a representative of the Tribe’s social services program will be documented. Upon request, the documentation shall be provided to the Tribe.
Sample 1
Indian Child - Not Xxxx of Tribal Court. If a parent or Indian custodian seeks to voluntarily place an Indian child in xxxxxx care, DSHS will advise the individuals involved of the provisions of the Act governing such placements, including the required placement preferences and notices. DSHS will also advise the parent that the child may not be placed in xxxxxx care unless the consent to xxxxxx care placement is validated by a tribal or superior court of competent jurisdiction. If consistent with the practice and procedures of the tribal court, DSHS will encourage the parent or Indian custodian to execute any consent to voluntary xxxxxx care placement before a judge of the tribal court. Whenever a parent or Indian custodian consents to voluntary xxxxxx care placement, DSHS will encourage the consenting parent or Indian custodian to contact an Indian interpreter or a representative of the Tribe’s social services program to participate in order to assure that the consent is voluntary and does not involve fraud or duress. The efforts of DSHS to secure the involvement of an Indian interpreter or a representative of the Tribe’s social services program will be documented. Upon request, the documentation shall be provided to the Tribe. The parent’s consent will be in writing, and the consent form will explain in plain language that the parent may revoke the consent to placement at any time and that, upon revocation, the child must be returned to the parent or Indian custodian unless a court order continuing xxxxxx care placement has previously been entered in accordance with 25 U.S.C. Section 1912 or unless the return of custody would likely cause an emergency resulting in imminent physical harm to the child.
Sample 1

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